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2025 Supreme(Cal) 936

CALCUTTA HIGH COURT, IN THE CIRCUIT BENCH AT JALPAIGURI
ANIRUDDHA ROY
Greenzen Bio Private Limited – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Ms. Reshmi Ghosh (VC), Mr. Deborshi Dhar, Ms. Prana Mukherjee, Ms. Taniya Bhowmik
For the Respondent: Mr. Ajay Singhal, Mr. Rohit Agarwal, Ms. Heena Yasmin Shaikh, Mr. Diwash Gupta, Ms. Chiroshree Dey., Mr. Momenur Rahman, Mr. Kumar Shantanu. (VC), Mr. Momenur Rahman, Mr. Bikash Singha

Table of Content
1. interlocutory application details and factual background. (Para 1 , 2 , 3 , 5 , 6)
2. arguments regarding the application of res judicata and suppression of facts. (Para 7 , 9 , 10 , 12 , 15 , 16)
3. court's observation on the res judicata and suppression of facts. (Para 18 , 34)
4. existence of alternative remedy and its implications. (Para 36 , 38 , 41 , 44)
5. dismissal of the writ petition with directions for appeal. (Para 53 , 54 , 55)

Aniruddha Roy, J.

FACTS:

1. I.A. No. CAN 1 of 2025 is an interlocutory application taken out by the respondent No.9 in the writ petition, Unique Universal Bio-Waste LLP (for short Unique Universal), inter alia, praying for following relief :

“Under the premises as aforesaid Your Lordship would graciously be pleased to pass an order dismissing the instant Writ Petition as not maintainable and pass such further order and/or orders as Your Lordship may deem fit and proper so as to protect the right and interest of the respondent No.9;

And

Your petitioner prays for such Orders and/or further orders as Your Lordships may deem fit and proper.”

2. Pursuant to the direction made by the Coordinate Bench, the writ petitioners were directed to file

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