PRAFUL Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

(2.) In this writ petition preferred under Article 226 of the Constitution of India, the petitioner raises a challenge to the intimation for issuance of a look-out circular at the instance of the Bank of Baroda-respondent No.2, which seeks to restrain the petitioner from travelling abroad.

(3.) It is the case of the petitioner who is engaged in the business of trading of steel and allied products that he has availed credit facilities from the Bank with regard to establishments in which he has interest. The accounts of the said establishments have been categorized as non-performing assets and the petitioner has been declared to be a wilful defaulter on 1/10/2019. The Bank has initiated the proceedings before the Debts Recovery Tribunal, Nagpur for recovery of its dues. A recovery certificate has been issued in the said proceedings and further proceedings in that regard are still pending. In the meanwhile, on 13/2/2019, the Bank lodged a report against the petitioner, based on which an offence under Ss. 199, 200, 406, 417, 418, 420 and 120-B of the Indian Penal Code came to be registered. On that basis, a request was made by the Bank on 11/8/2021 for issuance of a look-out circular against the petitioner. Accepting such a request, the said circular has been issued by the Bureau of Immigration- respondent No.1. It is in the aforesaid backdrop that the petitioner has approached this Court challenging the said action.