2019 (9) TMI 1604 - HC - Indian Laws

Permission to travel foreign country - restriction by Immigration Officer ostensibly on the ground of lookout circular by the Immigration Department Ministry of Home - HELD THAT - The petitioner is aged 65 years and is senior citizen who desires to travel to USA in his capacity as a Consultant to one Next-Decade a USA based company with business transactions in the field of Liquefied Natural Gas the petitioner being Chemical Engineer is Consultant for such product. The petitioner was to travel to Singapore for which the petitioner had booked tickets and was to travel on 05.09.2019 from International Terminal at Ahmedabad. However the Immigration Officer had restricted the petitioner from travelling and upon inquiry the petitioner was informed that on account of instructions issued by respondent No.4-Bank the petitioner is not permitted to travel abroad. From the affidavit filed by respondent No.4- Bank it appears that on 26.08.2019 General Manager Head (Legal RTI) has issued communication to the Deputy Director Bureau of Immigration with a request to opening lookout circular against the petitioner in the prescribed form. Till date it appears no decision has been taken on such request for lookout circular. The Court therefore proceeds on the presumption that no lookout circular exists as on date and therefore passes an order permitting the petitioner to travel abroad as per his travel plans between the period 15.09.2019 to 04.10.2019 on conditions imposed. The petitioner is accordingly permitted to travel abroad and the Immigration Authorities of the Union of India will permit the petitioner to travel in accordance with the order of this Court - S.O. to 09.10.2019.

Summary

Issues:
1. Permission to travel abroad
2. Restriction on travel imposed by respondent No.4-Bank
3. Request for lookout circular against the petitioner
4. Financial assistance received from respondent No.4-Bank
5. Proceedings initiated by respondent No.4-Bank for recovery of dues
6. Allegations of fraud and false affidavit against the petitioner
7. Conditions imposed for permitting travel abroad

Analysis:
1. The petitioner sought permission to travel to the USA for a conference, stating that he was restricted from traveling to Singapore due to a lookout circular by the Immigration Department. The petitioner, a senior citizen, desired to travel for business purposes and had made previous international trips.

2. Respondent No.4-Bank requested a lookout circular against the petitioner, citing substantial debt owed by the petitioner. The Bank alleged fraudulent behavior by the petitioner, including transferring property to evade debt repayment. The Bank expressed concerns that the petitioner might not return to India if allowed to travel abroad.

3. The Union of India confirmed receiving a request for a lookout circular against the petitioner but had no information on its issuance. The Bank planned to initiate criminal proceedings against the petitioner for filing a false affidavit and potentially leaving India permanently.

4. The petitioner had received financial assistance from respondent No.4-Bank, leading to the account being declared non-performing. Despite attempts to settle the dues, the matter escalated to a decree by the Debt Recovery Tribunal.

5. The Court considered the petitioner's travel plans, the nature of his business engagements, and the history of the case. It noted the absence of a current lookout circular and allowed the petitioner to travel abroad between specified dates, subject to stringent conditions.

6. Conditions imposed for travel included furnishing a substantial fixed deposit, a personal bond, and an undertaking to return to India by a specified date. The petitioner was also required to deposit a sum in the Bank's account and provide detailed travel information to the Court and the Bank.

7. The Court granted permission for the petitioner to travel abroad within the specified period, directing the Immigration Authorities to facilitate his travel as per the Court's order. The case was adjourned for further proceedings after the petitioner's return.

This detailed analysis outlines the key issues addressed in the judgment, including the petitioner's request to travel abroad, the Bank's concerns, the request for a lookout circular, the financial background of the case, allegations against the petitioner, and the conditions imposed for permitting travel.