SUCHITA DINODIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition has been preferred against a Look Out Circular (LOC) issued against the petitioner by the respondent-authorities at the behest of respondent no.4. The petitioner was scheduled to travel from Kolkata to Maldives on December 23, 2020 when she was restrained on the ground that the impugned LOC had been issued in her name. On April 14, 2021, the petitioner wrote a representation to the respondent no.4, that is, the Bank of Baroda, seeking an explanation as to why she had been barred from travelling abroad. Respondent no.5, that is, the Bank of Baroda, Stressed Asset Recovery Branch replied to the representation stating that it had been presumed that the petitioner would evade due process of law, for which the LOC had been issued against her. Again, on May 11, 2022, the petitioner wrote to the respondent no.4 seeking permission to accompany her daughter for visiting college/university campus in Dubai for her higher education. However, no response was received thereto by the petitioner, which was the immediate cause of action for the writ petition.

(2.) Vide order dated May 20, 2022, this Court had passed an interim order granting a relaxation to the petitioner in respect of the LOC insofar as the petitioner was permitted to leave India between May 23 and May 31, 2022, upon furnishing a prior affidavit before the Immigration Bureau indicating flight details of the petitioner, including her specific destination(s) and contact number on which she would be available during the entire period when she was abroad. It was made clear, however, that the same was an ad hoc arrangement without prejudice to the rights and contentions of the parties in the writ petition.

(3.) Learned counsel appearing for the writ petitioner submits that under similar circumstances, the petition's brother-in-law had also suffered a Look Out Circular, which was challenged in WPA No.11243 of 2021. A co-ordinate bench of this Court, vide order dated February 24, 2022, had disposed of the said writ petition by setting aside the LOC.