Sk. Halim Vs Bank of Baroda (Calcutta High Court)
Summary The High Court declined to entertain WPA 25935 of 2026 filed by Sk. Halim against Bank of Baroda (erstwhile Dena Bank) & Ors. The petitioner challenged action taken by the Bank under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and sought a direction requiring the Bank to reconsider a one-time settlement proposal. The petitioner also sought a writ of mandamus restraining the District Magistrate, Howrah, the Superintendent of Police and local Police authorities from taking possession of the residential property pursuant to the Bank’s measures under the 2002 Act. The Court noted that the petitioner had already approached Debts Recovery Tribunal – I, Kolkata under Section 17 of the 2002 Act in SA/189/2026.
It also recorded that the petitioner had earlier filed WPA 18107 of 2025 challenging an auction notice dated July 07, 2025, which had been disposed of with liberty to challenge the Bank’s sale steps before the relevant Debts Recovery Tribunal. The Court considered the Bank’s notice dated September 08, 2026 rejecting the petitioner’s offer/represent for one-time settlement. It held that the Bank was within its rights not to settle the loan at a particular amount and that a writ of mandamus could not be issued to force the Bank to reconsider a rejected settlement proposal.
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