IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
M.SRINIVASA BABJI – Appellant
Versus
THE UNION OF INDIA – Respondent
##PAGE1##
WP No. 17487 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-04-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI
WP No.17487 of 2026
and
WMP No.18768 of 2026
M.Srinivasa Babji
... Petitioner
Vs
1. The Union of India,
Represented by its Secretary,
Ministry of Home Affairs,
New Delhi – 110 001.
2. The Bureau of Immigration,
Represented by its Foreigners’ Regional
Registration Officer, Chennai,
Shastri Bhawan, Haddow’s Road,
Nungambakkam, Chennai – 600 006.
3. The Chairman & Managing Director,
Bank of Baroda,
Baroda Corporate Centre,
Plot No.C-26, Block G,
Bandra Kural Complex,
Bandra (East), Mumbai – 400 051.
4. Chief Manager,
Bank of Baroda,
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##PAGE2##WP No. 17487 of 2026
Stressed Assets Management Branch,
JBAS Building, 4th floor,
No.45, Moore Street,
Chennai – 600 001.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Mandamus, declaring that the ‘Look Out
Circular’ issued by the 1st and 2nd Respondents against the petitioner at the
instance of the 3rd and 4th Respondents, is illegal, arbitrary without jurisdiction
and unconstitutional, consequentially direct the 1st and 2nd Respondents to
forthwith withdraw the said ‘Look Out Circular’ issued against the petitioner, to
delete all related entries from their databases, and to communicate such
withdrawal to all authorities at all ports of embarkation in India, consequentially
permit the petitioner to travel abroad without any impediment.
For Petitioner: Mr.P.S.Raman
Senior Counsel
for M/s.Jayasudha
For Respondents: Ms.Gopika Nambiar
Senior Panel Counsel [R1 & R2]
Mrs.Revathi Manivannan
Standing Counsel [R3 & R4]
*****
ORDER
The petitioner has knocked the doors of this Court for declaring the look
out circular issued against him by the respondents 1 and 2 as null and arbitrary
and consequentially, to permit the petitioner to travel abroad without any
impediment.
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##PAGE3##WP No. 17487 of 2026
2. Ms.Gopika Nambiar, learned Senior Panel Counsel, accepts notice on
behalf of the respondents 1 and 2 and Mrs.Revathi Manivannan, learned
Standing Counsel, accepts notice on behalf of the respondents 3 and 4.
3. It is stated in the affidavit filed in support of this writ petition that a
look out circular came to be issued against the petitioner by respondents 1 and 2
at the instance of respondents 3 and 4 in connection with certain credit facilities
that were extended by respondents 3 and 4/bank to one M/s.Vijay Home
Appliances Limited. In this connection, the bank has approached the National
Company Law Tribunal, Hyderabad by way of a company petition seeking an
order for initiation of the Personal Insolvency Resolution Process (PIRP)
against the petitioner on the ground that the petitioner stood as Personal
Guarantor of M/s.Vijay Home Appliances Limited. During the pendency of the
said proceedings, the petitioner has approached this Court by way of a writ
petition in W.P.No.36850 of 2024 seeking a direction to permit him to travel to
USA. This Court, vide order, dated 11.12.2024 permitted the petitioner to travel
USA by imposing certain conditions. According to the petitioner, he complied
with the conditions imposed by this Court and he has also returned to India.
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##PAGE4##WP No. 17487 of 2026
Now, the petitioner intends to travel to USA again and since the look out
circular is still in existence, the petitioner seeks to quash the same.
4. Learned Senior Counsel appearing for the petitioner submits that the
petition filed by the bank against the petitioner was dismissed holding that no
valid invocation of the personal guarantee was effected by the Financial
Creditor in accordance with the terms of the Deed of Guarantee. In view of the
same, the bar that was existing for the travel of
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