Tata Capital Limited v. Mahua Bhaumik And ORS.

18.06.2026 SL No.4 Court No.12 (gc) FMA 193 of 2026 CAN 1 of 2026 Tata Capital Limited Vs.

Mahua Bhaumik & Ors.

Mr. Sayak Ranjan Ganguly, Ms. Srijani Ghosh, Ms. Simrin Hussain ... for the Appellant.

Ms. Sanchari Chakraborty, Ms. Sayari Barman ... for the Respondent No.1.

Ms. Sonia Nandy ... for the Respondent No.4.

Mr. Avishek Guha, Mr. Ankush Majumder ... for Bajaj Finance.

Mr. Pranit Biswas ...for the Respondent No.10.

Ms. Soni Ojha ...for the Respondent No.11.

Mr. Adil Rashid ...for the Proforma Respondent No.14.

Mr. Ajit Kr. Mishra, Mr. Subit Majumdar ...for the U.O.I.

1. We are informed that the appellant and the writ petitioner have entered into a settlement with regard to the payment of the outstanding dues.

2. Under such circumstances, the appeal has become infructuous.

3. The point of law raised by Mr. Ganguly is not decided and shall be decided in an appropriate proceeding. Such point is kept open.

4. In case of failure of settlement, the lender can take appropriate steps as per the provisions of law.

5. The discussion with regard to the settlement between the appellant and the writ petitioner is taken on record.

6. Upon such discussion and proposal and counterproposal of settlement, it appears that both the parties have decided to give a go-by to the 2016 Memorandum of RBI, on restructurization of the loan account of the MSME.

7. Accordingly, the appeal and the application are disposed of.

8. However, there shall be no order as to costs.

9. Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.) (Ajay Kumar Gupta, J.)