Mangala Sanjay Shelke v. The Union Bank Of India
12_WP3246_26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3246 OF 2026 Mangala Sanjay Shelke ...
Petitioner Vs.
Union Bank of India ...
Respondent Mr. Siddharth R. Ghodke for Petitioner.
CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ.
DATE : MARCH 30, 2026 P.C. :
.
By this petition, the petitioner is seeking a direction from this Court in writ jurisdiction for the respondent-bank to accept the amount owed by the petitioner and to issue a no objection certificate in that regard.
2.
The documents placed on record show that the respondent-bank had initiated recovery proceeding against the petitioner under the provisions of the Recovery of Debs and Bankruptcy Act, 1993. 3.
As far back as on 07.11.2020, the Debts Recovery Tribunal-III, Mumbai had passed an order/decree for recovery of substantial amounts against the petitioner.
4.
The petitioner has not challenged the said order and hence, the respondent-bank must be proceeding to execute the said order/decree. 5.
In such a situation, the petitioner appears to be proposing to pay certain amount to respondent-bank to settle the dispute. By this petition, MINAL SANDIP PARAB by MINAL SANDIP PARAB Date: 2026.03.30 17:41:51 +0530 the petitioner is invoking writ jurisdiction to call upon this Court to issue a direction to the respondent-bank to virtually accept the proposal, so as 1/2
12_WP3246_26.doc to settle the dispute.
6.
As per the law laid down by the Supreme Court in the case of Bijnor Urban Co-operative Bank Limited, Bijnor and others vs. Meenal Agarwal and others, (2023) 2 SCC 805, the writ Court cannot issue any direction to the creditor to accept proposal of settlement made by the debtor. It is for the parties to settle their disputes inter se and the writ Court cannot issue direction in that regard.
7.
In view of the above, the writ petition is dismissed. Pending applications, if any, also stand disposed of. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) Minal Parab 2/2