18-03-2025 IN THE HIGH COURT AT CALCUTTA Item No.3 Subrata Constitutional Writ Jurisdiction Bhattacharyya Appellate Side AR(C)

WPA No.29044 of 2024 M/s. Gupta Power Infrastructure Limited & Ors.

-vs-

Canara Bank & Ors.

Mr. Suddhasatva Banerjee, adv.

Mr. Ishaan Saha, adv.

Mr. Tanay Agarwal, adv.

Mr. Shivam Bhimsaria, adv.

Ms. Akansha Singhania, adv. …for the petitioners Mr. Ratnanko Banerji, sr. adv.

Mr. Supriyo Mahapatra, adv. Mr. Kishwar Rahaman, adv. Mr. Preetam Majumdar, adv.

Mr. Rishav Mazumdar, adv. …for the bank

1. The show-cause notice dated September 6, 2024 issued by Canara Bank asking the petitioners to reply with regard to the declaration of their account as fraud and the subsequent order dated November 29, 2024 declaring the petitioners’ account as fraud are impugned in the instant writ petition.

2. The primary ground for challenge is that the show-cause notice does not disclose the basis relying on which the authority sought to declare the account of the petitioners as fraud. The documents relied upon by the bank to arrive at a conclusion that the petitioners’ account is to be declared as fraud were neither forwarded nor disclosed. The forensic audit report relied in the show-caus