MANNOJ KUMAR JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners initially filed the writ petition against the action taken by the Immigration Authority preventing the petitioners from travelling to the United Kingdom. An order was passed on 30/9/2022 directing the petitioners to add Indian Overseas Bank as a party respondent as the Court was informed that the petitioners had been prevented from travelling to the United Kingdom by reason of a Look Out Circular on the basis of a request made by the Indian Overseas Bank. The Indian Overseas Bank was thereafter, added as the respondent no. 8. The Vacation Bench passed an order on 18/10/2022 permitting the second Petitioner to travel to the U.K. on account of the 2nd petitioner's son pursuing his studies there. The petitioners filed an application for amendment of the writ petition for challenging the Look Out Circular issued by the Indian Overseas Bank and sought for quashing of the same. By an order dtd. 28/2/2023, the petitioners were permitted to challenge the Look Out Circular issued at the instance of the Indian Overseas Bank / respondent no. 8. Affidavits are complete in the amendment application.

(2.) The issue for adjudication is whether the Look Out Circular can continue to prevent the petitioners from travelling outside India or should be quashed on the facts which have been brought to the notice of the Court.

(3.) The petitioner no. 1 is a Director of Jain Infra Private Limited and Prakash Vanijya Private Limited; the petitioner no. 2 is an erstwhile Director of Jain Infra and PrakashVanijya. The material facts are as follows.