Form No. J(2)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

PRESENT:

THE HON’BLE JUSTICE TIRTHANKAR GHOSH

W.P.A. No. 18941 of 2025

Hemant Kanoria

-versus-

UCO Bank & Ors.

For the Petitioner : Mr. Sandipan Ganguly, Sr. Adv.,

Mr. Ayan Bhattacherjee, Sr. Adv.,

Mr. Deepan Kumar Sarkar,

Mr. Soumalya Ganguli,

Mr. Sambriddha Sen,

Mr. Karan Dudhwewal,

Mr. Arpit Chowdhury.

For the State : Mr. Debasish Roy, Ld.P.P.,

Mr. Amitabrata Roy, Ld. G.P.,

Mr. Vivekanada Bose, Ld. Jr. St. Counsel,

Ms. Amita Gaur,

Ms. Parna Roy Chowdhury,

Mr. Shibasish Banerjee.

For the CBI : Mr. Rajdeep Majumder, Ld. DSGI,

Mr. Amajit De.

For the UCO Bank : Mr. Rahul Karmakar,

Ms. Rituparna Sanyal,

Ms. Antalina Guha.

Heard On : 25.08.2025 Judgement On : 25.08.2025

Tirthankar Ghosh, J. :

The petitioner has filed the application under Article 226 of the Constitution of India praying as follows:

“b) Review and/or recall the order dated 8^th July, 2025 passed by this Hon’ble Court in WPA No.5033 of 2025 (UCO Bank V. The State of West Bengal & Ors.), being Annexure “P-1” hereto;

c) Without prejudice to prayer (b) hereinabove, the order dated 8th July, 2025 passed by this Hon’ble Court in WPA No.5033 of 2025 (UCO Bank v. The State of West Bengal & Ors.) be recalled and WPA No.5033 of 2025 (UCO Bank v. The State of West Bengal & Ors.) be restored to the file of this Hon’ble Court with leave being granted to the petitioner to intervene in WPA No.5033 of 2025 (UCO Bank v.

The State of West Bengal & Ors.) as party respondents thereto;

d) A writ of and/or in the nature of Mandamus do issue commanding the Respondent No.1 and/or its men, assigns, employees and agents to forthwith and unconditionally withdraw, recall and rescind the complaints dated 20th May, 2022 and 6th May, 2023 issued by the Respondent No.1, being Annexures “P-3” and “P-4” in WPA No.5033 of 2025 (UCO Bank v. The State of West Bengal & Ors.) and all consequential steps taken pursuant thereto, if any;

e) A writ of and/or in the nature of Prohibition do issue prohibiting the Respondent No.2 and/or its men, assigns, employees and agents from acting in terms of furtherance of the complaints dated 20^th May, 2022 and 6^th May, 2023 issued by the Respondent No.1, being Annexures “P-3” and “P-4” in WPA No.5033 of 2025 (UCO Bank v. The State of West Bengal & Ors.) and from taking any prejudicial step against the Petitioner, directly and/or indirectly, in any manner whatsoever;

f) A writ of and/or in the nature of Certiorari do issue calling upon the Respondent and/or its men and/or its agents and/or assigns and/or representatives to forthwith transmit to this Hon’ble Court all the records of the case including all the relevant documents and information required by the petitioner and on the basis whereof the complaints dated 20^th May, 2022 and 6^th May, 2023 were issued by the Respondent No.1, being Annexures “P-3” and “P-4” in WPA No.5033 of 2025 (UCO Bank v. The State of West Bengal & Ors.) so that conscionable justice may be done by quashing all steps taken by the Respondents including all consequential steps and/or actions taken by the Respondents pursuant thereto or in relation therewith, if any, and also by passing such other or further order(s) or direction(s) as this Hon’ble Court may deem necessary in the interests of justice and fairness;

g) Such other or further appropriate writ or writs do issue which this Hon’ble Court may deem fit and proper to afford complete justice to the petitioner in the facts and circumstances of the instant case;

h) Rule NISI in terms of the prayers above;

i) Stay of operation of the order dated 8^th July, 2025 passed by this Hon’ble Court in WPA No.5033 of 2025 (UCO Bank v. The State of West Bengal & Ors.), being Annexure “P-1” hereto;

j) Injunction restraining the Respondents and/or their men, assigns, employees and agents and anyone claiming through or under them and each of them from acting in terms of furtherance of the complaints dated 20^th May, 2022 and 6^th May, 2023 issued by the Respo