Sandeep Kabra & Ors Vs Bureau of Immigration & Ors(Calcutta High Court)
Date-28th March 2023
Sub:Whether suspended directors of a company who are guarantors can be restricted from travelling outside Country by a Bank by issuing lookout circular on account of being Wilful defaulter?

The Calcutta High Court in this case was considering the petitioners’ Writ application for travelling abroad to attend marriage in family when the Bureau of Immigration had issued a lookout circular on account of request from the bank after being classified as Wilful defaulters? The Respondents relied on a notification issued in November 2018 which permitted issuing lookout circulars in exceptional cases to prevent departure of a person from travelling abroad which would be detrimental to the sovereignty or security or bilateral relations or economic interest to the larger public interest in India . However, the Ld Judge rejected the plea of the respondent that quantum of dues to the bank is relevant for deciding the issue and relying on the decision of coordinate bench in the case of Vishambhar Saran Vs Bureau of Immigration & Ors asked the petitioner to submit the details of the return tickets with undertaking that they shall return back to India.

This order will be helpful to similar cases where persons are facing difficulty in travelling abroad.

Ramesh Patodia
01-04-2023