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2022 Supreme(P&H) 1792

M. S. RAMACHANDRA RAO, HARKESH MANUJA
Raman Kumar Mehta – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr.Lokesh Sinhal, Advocate, for the Appellant; Mr.Satya Pal Jain, Additional Solicitor General of India with Mr.Dheeraj Jain, Advocate, Mr.Umang K. Khosla, Advocate and Mr.Ashutosh Verma, Advocate, for the Respondent.

JUDGMENT / ORDER

M.S. Ramachandra Rao, J. -

Background of the case

1. The petitioner has challenged in this Writ Petition a Look Out Circular [for short 'LOC'] issued against him by the Bureau of Immigration, New Delhi (Respondent No.3) on the basis of which petitioner was prevented from travelling abroad on 11.08.2022 to Canada.

2. Petitioner is a personal guarantor to a loan availed by respondent No.4 Company from respondent No.2 Bank and had executed an equitable mortgage of the residential property belonging to him.

3. Subsequently, respondent No.4 had substituted some other property also in addition to the properties already mortgaged by it and the property for which the petitioner had executed an equitable mortgage as personal guarantor was released by respondent No.2. A letter dt.01.01.2018 (P4) sent by respondent No.2 to the Secretary Municipal Council, Naraingarh, District Ambala to make necessary entries in that regard has also been filed.

4. Respondent No.4 defaulted in repayment of loan to respondent No.2 and respondent No.2 then filed OA-1541-2021 before the Debt Recovery Tribunal-II, Chandigarh for recovery of 6.93 crore.

5. Petitioner's two children are living in Canada and

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