Apurve Goel vs Bureau of Immigration - 2023 Supreme(Del) 6012

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 6012

SUBRAMONIUM PRASAD
Apurve Goel – Appellant
Versus
Bureau of Immigration – Respondent

Advocates appeared:
Mr. Prithu Garg, Mr. Harsimran Duggal, Mr. Aditya Awasthi & Ms. Neha Aggrawal, Advocates, for the Petitioner.
Mr Ajay Digpaul CGSC, Mr Kamal R Digpaul and Ms Swati Kwatra, Advocates, for the Respondent.
Mr. Sudhir Makkar, Senior Advocate with Mr Amit Mahaliyan, Advocate, for the Respondent No.2.

JUDGMENT

1. The Petitioners, by way of the present writ petitions, seek to challenge the Look Out Circular (LOC) issued at the instance of Respondent No.2/Bank of Baroda against the Petitioners.

2. It is stated Sharaji Duplex Board Limited was incorporated under the Companies Act, 1956. The name of the said company was later changed to AAA Paper Marketing Limited and was further changed to AAA Paper Limited (hereinafter referred to as `company'). The company availed credit facilities amounting to Rs.5.25 crores from Respondent No.2/Bank of Baroda. The said facilities were secured by way of mortgage of an immovable property as well as Personal Guarantees of the Promoters/Directors. It is stated that the Petitioners were made to sign a document styled as `Personal Guarantee Bond' in favour of the Respondent No 2/Bank of Baroda.

3. It is pertinent to mention here that the Petitioner in W.P.(C) 5674/2023 was appointed as a Director of the company in the year 2006. He resigned as the Director of the company in the year 2019. The Petitioner in W.P.(C) 5675/2023 was appointed as a Director of the company in the year 2010 and she resigned as Director of the company in the year 2014.

4. It is s