Calcutta High Court (Appellete Side)
Hemant Kanoria & Anr vs Canara Bank on 19 March, 2025
Author: Amrita Sinha
Bench: Amrita Sinha
D/L 19
19.03.2025
Court No.14
PRADIP
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
WPA 30851 of 2024
HEMANT KANORIA & Anr.
Vs.
CANARA BANK
Mr. Jishnu Chowdhury, Sr. Adv
Mr. Deepan Kumar Sarkar
Mr. Soumalya Ganguli
Mr. Naman Choudhury
Mr. Subhrojyoti Mookherjee
Mr. Samriddha Sen
...for the Petitioners.
Mr. Mainak Bose, Sr. Adv.
Ms. Aparajita Rao
Ms. Nabanita Dutta
...for the Bank
1.The steps taken by the bank to proceed with the declaration of the petitioners as willful defaulters allegedly without supplying the supporting documents is under challenge in the instant writ petition.
2. It appears from the documents annexed to the writ petition that, the show-cause notice was issued to the petitioners way back on 31st May, 2024. The proceedings could not be concluded as the petitioners allege that the relevant documents relied upon by the bank for declaration of the petitioners as willful defaulters, were not forwarded.
3. Opportunity of hearing was provided to the petitioners, but the petitioners sought for adjournment on health ground. The bank, for reasons best known, did not proceed further. The proceeding is pending at that stage for a long period of time.
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4. Learned advocate representing the bank asserts that, all data and documents in respect of the subject proceeding were made available to the petitioners and are very much within the knowledge of the petitioners. Only for the purpose of delaying the proceeding, the petitioners are deliberately seeking further documents which are not at all required for the purpose of declaring the petitioners as willful defaulters.
5. Upon hearing the parties, it appears that, the proceeding is pending at the stage of identification of willful defaulter for a considerable period of time. The petitioners have enclosed a list of documents sought for by them for giving a meaningful response to the show- cause notice issued.
6. Learned advocate representing the bank is directed to take instruction with regard to supply of the documents sought for. If the documents appear to be voluminous, then inspection of the same or scanned copy of the same may be provided or forwarded to the petitioners.
7. The matter stands adjourned till 26th March, 2025.
(Amrita Sinha, J.)