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2022 (8) TMI 1421 - CALCUTTA HIGH COURTValidity of Look Out Circular (LOC) issued against the petitioner - HELD THAT:- Upon hearing learned counsel for the parties, it transpires from the records that a similar LOC against the husband of the petitioner was quashed in a writ petition by this Court. Despite the children of the petitioner having indefinite leave to remain in the UK, the issuance of LOC cannot be used as a handle to obtain / enforce a prospective award against a person on anticipation, before it is actually passed by any competent judicial forum. In the present case, although the petitioner has been declared as a willful defaulter and there may be certain contentions which can be validly raised by the bank against the petitioner, such issue is entirely the subject matter of any award, if passed by a competent judicial forum. As of today, since no order has been passed against the petitioner from any such competent forum in respect of repayment of any quantum of money and keeping in view of the antecedents and attending circumstances of the petitioner, there is no scope of sustaining the LOC against the petitioner, which would not only have the effect of truncating the professional career of the petitioner but also be an unnecessary harassment and fetter on her personal liberty without there being any money award of a competent judicial forum against the petitioner. The LOC issued against the petitioner cannot be sustained.
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