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2022 Supreme(Bom) 1765

A. S. CHANDURKAR, AMIT BORKAR
Anurag S/o. Padmesh Gupta – Appellant
Versus
Bank of India, Th. Its Assistant General Manager – Respondent


Advocate Appeared:
For the Petitioner:Mr. Akshay Naik a/w Mr. D.V. Chauhan and Mr. C.J. Dhruv, Advocates
For the Respondent:Mr. A. T. Purohit, Advocate, Mr. D. Gupta, Advocate

JUDGMENT :

AMIT BORKAR, J.

Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

2. The present petition raises an important question as to the interpretation of Article 21 of the Constitution of India as to whether the expression "personal liberty" occurring in the said Article includes the right to travel abroad. Second important question that arises is whether the refusal to grant permission to travel abroad results in the infringement of Article 21 of the Constitution of India ?

3. By this Writ Petition under Articles 226 and 227 of the Constitution of India, the Petitioner is challenging the order passed by the Debt Recovery Tribunal refusing to grant permission to travel abroad for a limited time from 09.06.2022 to 17.06.2022 to attend the marriage of the petitioner’s sister-in-law.

4. The brief facts giving rise to the present petition are as under :

The Petitioner is the personal guarantor of a private limited company (respondent No.2) engaged in electricity and power generation. To establish the Power Plant, a consortium led by Axis Bank Limited and another group of lenders, namely L & T Infrastructure Finance, State Ban

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