M. S. RAMACHANDRA RAO, HARMINDER SINGH MADAAN
Ritu Saluja – Appellant
Versus
Union of India – Respondent
JUDGMENT
M.S. Ramachandra Rao, J. - In this Writ Petition, the petitioner seeks a writ in the nature of Certiorari for quashing of the LOCs issued against her by the Bureau of Immigration (respondent no.2) at the instance of respondent No.s 10 and 13 Banks.
2. The petitioner is a guarantor to the loans granted by various Banks to M/s. SEL Manufacturing Company Ltd. and M/s. SEL Textiles Ltd as set out in Para 3 (c) of the Writ Petition. For both these Companies, the petitioner's husband and brother are the promoters.
3. Though several creditors were initially impleaded in the Writ Petition, it became known during the hearing of the case on 07.09.2022 that only the Indian Bank, Ludhiana, Punjab (respondent No.10) and the Bank of Baroda, Vadodara, Gujarat (respondent No.13) have made requests for issuance of LOC against the petitioner and LOCs had been issued by the respondent No.2. So the Writ Petition was dismissed against the other financial creditors.
The background facts
4. M/s. SEL Manufacturing Company Ltd. could not repay the loans taken by it from its lenders and the State Bank of India ( for short 'SBI') initiated the proceedings under the Insolvency and Bankruptcy Code, 2016 ('
The fundamental right to travel abroad under Article 21 of the Constitution of India requires a high threshold to be curtailed, and the issuance of Look Out Circulars (LOCs) should be limited to case....
The central legal point established in the judgment is the high threshold required to deny a person the right to travel abroad, the need for a fair and just procedure in issuing and extending Look Ou....
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....
The main legal point established is the requirement for procedural safeguards in the issuance of Look Out Circulars, ensuring compliance with principles of natural justice and a fair, just, and reaso....
The court established that Lookout Circulars cannot be issued solely based on financial default; there must be evidence of criminal activity or a legitimate risk of flight.
The judgment establishes the principle that the right to travel abroad is protected under the Constitution of India and cannot be deprived without following fair, just, and reasonable procedures.
The personal liberty and fundamental right of movement guaranteed by the Constitution cannot be curtailed at the behest of BOB when the conditions precedent for making such request for opening an LOC....
Look Out Circulars must be justified by substantial evidence and cannot infringe on fundamental rights without clear, objective criteria.
The main legal point established in the judgment is that Look Out Circulars (LOC) cannot be issued arbitrarily and must be based on valid grounds. The judgment also emphasized that the issuance of LO....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.