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Bombay High CourtWP/3260/2026dismissed

Manisha Somnath Shelke v. The Union Bank Of India

2026-04-06Hon'Ble Shri Justice Manish Pitale , Hon'Ble Shri Justice Shreeram Vinayak Shirsat2 pages

9-wp-3260-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3260 OF 2026 Manisha Somnath Shelke ..

Petitioner V/s.

The Union Bank Of India ..

Respondent ------------------- Mr. A.J. Shaikh Azad, for Petitioner.

None for Respondent.

--------------------

CORAM

:

MANISH PITALE & SHREERAM V. SHIRSAT, JJ.

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2026.04.06 17:53:04 +0530 VARSHA DEEPAK GAIKWAD DATE :

6TH APRIL 2026.

PC:

1.

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 21.11.2020, 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. varsha

9-wp-3260-2026.doc 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, 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 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.) varsha