Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBRAMONIUM PRASAD
Preet Kaur – Appellant
Versus
Bureau Of Immigration – Respondent
JUDGMENT :
SUBRAMONIUM PRASAD, J.
1. The Petitioners have approached this Court challenging the Lookout Circulars dated 03.01.2022 issued against the Petitioners by the Bureau of Immigration at the request of the Union Bank of India.
2. Notice was issued on 05.08.2022. Pleading are complete.
3. The facts of the case as stated by the Union Bank of India are that M/s I World Business Solutions Private Limited availed a financial assistance for business needs from the Union Bank of India on the terms and conditions as agreed upon by M/s I World Business Solutions Private Limited for repayment of such credit facility. The Petitioners stood as Guarantors to the said credit facility. It is stated that apart from being Guarantor to the credit facility availed by the company, Petitioner No.2 is also the Director of the company.
4. Counter affidavit further reveals that due to default on the part of the Petitioners, their account was classified as Non-Performing Asset (NPA) on 31.03.2021. A demand notice under Section 13 (2) of the SARFAESI Act was served upon the Petitioners demanding entire dues towards the principal outstanding amount along with the interest.
5. The counter affidavit reveals
Lookout Circulars cannot be issued solely based on non-payment of loans without serious criminal allegations; such actions infringe upon the fundamental right to travel under Article 21.
Issuance of Look Out Circulars must be based on concrete evidence and cannot be justified solely by the default in loan repayment, as it violates fundamental rights without due process.
The central legal point established in the judgment is that the issuance of Look Out Circulars must be based on exceptional circumstances and must conform to constitutional standards, including the r....
Look Out Circulars must adhere strictly to legal frameworks and cannot deny fundamental rights without justifiable grounds.
The issuance and continuation of a Look-Out Circular must be justified by compelling reasons, specifically regarding flight risk or evading justice; lack of fresh evidence can render it arbitrary.
doctrine of proportionality of punishment would apply and same has to be considered in the context of arbitrariness and Article 14 of the Constitution of India and in the context of the fact that no ....
An LOC, which is a coercive measure to make a person surrender and consequentially interferes with his right of personal liberty and free movement, certainly has adverse civil consequences.
The central legal point established in the judgment is that the right to travel abroad, as guaranteed by Article 21 of the Constitution of India, cannot be curtailed unless a very high threshold is m....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
