JUDGMENT

1. The present Writ petition has been filed under Article 226 and 227 seeking the issuance of an appropriate writ for quashing and setting aside a look out circular issued at the instance of Respondent No. 3, Punjab National Bank, Head Office, Plot no. 4, Sector 10, Dwarka, New Delhi, 110075, by Respondent No.5, the Foreign Regional Registration Office, Bureau of Immigration, East Block-VIII, Level 2, Sector 1, RK Puram, New Delhi - 110066 against the petitioner. 2. The facts, in brief, are as under:

a. The petitioner, Muthuveerappan Arunachalam, currently R/o A-

16, Main Road, 11th Cross Thillai Nagar, Tiruchy, Tamil Nadu – 620018 is a citizen of the United Kingdom of Great Britain and Northern Ireland, a permanent resident of Hong Kong and is a Director and Shareholder of M/s AR Intl (Hong Kong) Limited which was engaged in import, export and trade finance.

b. It is stated that M/s AR Intl (Hong Kong) Limited had availed loan facilities from the Hong Kong branch of Respondent No. 3, Punjab National Bank (PNB), for which the petitioner had extended his personal guarantee. It is further stated that default occurred on all loans of the company due to slump in the business thereby causing the accounts of the company to being declared as Non-Performing Assets by the Hong Kong Branch of Punjab National Bank on 01.04.2012.

c. It is stated that a complaint was filed by the creditor banks to the Commercial Crimes Department of the Hong Kong Police on 12.01.2018, the investigation for which was completed after a period of six months, and subsequently, the legal notices recalling the loan amount was issued and a case was filed in the High Court of Hong Kong by the Hong Kong branch of Respondent No. 3, Punjab National Bank. It is additionally stated that the Hon’ble High Court of Hong Kong on 18.02.2019 passed an order for the winding up of M/s AR Intl (Hong Kong) Limited and on 20.02.2019 passed an order declaring the petitioner bankrupt, thereby appointing the Official Receiver as the Provisional Trustee of the Petitioner. Moreover, the creditors including the Hong Kong branch of Respondent No. 3, Punjab National Bank appointed joint and several Trustees to take over and manage the petitioner’s estate with immediate effect via a general Meeting held on

22.03.2019.

d. It is stated that the petitioner, on 08.01.2021 travelled to India for Medical Treatment and due to the onset of the pandemic and his Bankruptcy declaration, ended up residing with and being entirely financially dependent on his son in India.

e. Subsequently, due to the requirement of overseas medical treatment for the petitioner to treat for Glaucoma as stated by his doctor, which was causing deterioration in his eyesight and the need to meet his personal bankruptcy administrator and the Administrator of M/s AR Intl (Hong Kong) Limited, for an annual review in Hong Kong, the petitioner was required to travel abroad for which he booked flight tickets for the

24.06.2022.

f. It is stated that on the said date of travel on 24.06.2022 during immigration process, the petitioner was made aware by the immigration Officials at the Chennai International Airport of a Look Out Circular in place against the petitioner, issued at the instance of Respondent No. 3, Punjab National Bank New Delhi thereby debarring him from undertaking over-seas travel.

g. It is further stated that the petitioner in view of Clasue 7(c), Office Memorandum No. 25016/31/2010 issued by Ministry of Home Affairs (Foreigners Division) on the ‘Issuance of Look Out Circulars (LOC) in respect of Indian Citizens and Foreigners’ which grants the right to ‘approach the officer who ordered the issuance of the Look Out Circular and explain that the LOC was wrongly issued’, duly submitted a representation to Respondent No. 3, Punjab National Bank dated 29.06.2022 seeking the release of LOC to enable the petitioner to undertake the scheduled over-sees travel. It is additionally stated that no reply was received by the Re