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2025 Supreme(Online)(Cal) 3202

CALCUTTA HIGH COURT
SABYASACHI BHATTACHARYYA, J
PRAKASH CHANDRA AGARWAL – Appellant
Versus
STATE BANK OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Noelle Banerjee, Mr. Dipanjan Dey, Ms. Bidisha Ghosal
For the Respondents: Mr. Mukul Lahiri, Mr. Anirban Prmanick, Mr. Punarbasu Nath, Mr. Anirban Mitra, Mr. Manabendra Nath Bandyopadhyay, Mr. Malay Kr. Seal

The Court:- Learned Counsel for the petitioner appearing in WPO/467/2024, filed by one Prakash Chandra Agarwal, submits that by the said writ petition, a declaration of fraud in respect of the writ petitioner was challenged.

However, subsequent to the impugned first declaration of fraud, a fresh notice was given to the petitioner in or about April, 2024 under the concerned Master Directions of the Reserve Bank of India pertaining to fraud and a proceeding was undertaken in pursuance thereof, although no further fraud declaration has been made against the writ petitioner.

In any event, in view of the subsequent notice under the self-same Master Directions and on the self-same allegations, the previous declaration of fraud, which was challenged in the present writ petition, has already spent its force and the writ petition has become infructuous in that sense.

Learned Senior Counsel appearing for the respondent no. 1-bank contends that subsequent to the previous fraud declaration, in April 2024, a fresh notice under the Master Directions was issued to the company as well as to all the directors, including the present petitioner, which was not challenged by the petitioner in the writ pet

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