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Patna High Court

Abhijeet Kumar SinghversusThe Union of India

Decided
Disposal
ALLOWED

Holding

The Court held that the Look Out Circular and the passport cancellation were illegal and unsustainable as there was no cognizable offence against the petitioner and the bank lacked jurisdiction to requisition the LOC, thereby quashing both.

Summary

The petitioner, a director and guarantor of a defaulting company, challenged a Look Out Circular (LOC) and a passport endorsement marking his passport as “cancelled without prejudice” that barred his travel abroad. He argued that the LOC was issued mechanically at the request of Canara Bank without any cognizable offence against him and that the bank lacked authority under Ministry of Home Affairs guidelines to requisition such a circular. The respondents, including the Union of India and Canara Bank, contended that the measures were necessary to protect public money and that the petitioner’s pending criminal investigation justified travel restriction. The Court examined the applicable guidelines, the absence of a charge‑sheet against the petitioner, and prior judgments quashing bank‑initiated LOCs in similar circumstances. It held that the LOC and passport cancellation were illegal, unsustainable, and beyond the bank’s jurisdiction, and therefore set them aside, imposing conditions on the petitioner for future cooperation and disposing of the writ petition.

Issues considered

  • Whether the Look Out Circular issued at the request of Canara Bank is lawful and within the jurisdiction of the originating agency.
  • Whether the passport endorsement cancelling the petitioner’s passport can be quashed in the absence of a cognizable offence.
  • Whether the bank has authority under the Ministry of Home Affairs Office Memorandum to requisition a LOC for a civil default.
  • Whether the petitioner, not charge‑sheeted, can be barred from international travel under the Passport Act, 1967.
  • Whether the requisition made by the Managing Director of Canara Bank complies with the SARFAESI Act, 2002 and related guidelines.

Legislation cited

Subjects

  • Look Out Circular
  • passport cancellation
  • SARFAESI Act
  • CBI investigation
  • NPA
  • financial default
  • constitutional rights
  • Article 19
  • Article 20
  • jurisdiction
  • bank recovery
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.4392 of 2026
                 ======================================================
                 Abhijeet Kumar Singh Son of Shri Arjun Singh, Resident of Village-
                 Rukanpura, Bailey Road, Near Singh Petrol Pump, Police Station-Rupaspur,
                 District-Patna.
                                                                           ... ... Petitioner/s
                                                     Versus
           1.     The Union of India through its Home Secretary, Ministry of Home Affairs,
                  Government of India, North Block, New Delhi-110001.
           2.    The Home Secretary, Ministry of Home Affairs, Government of India, North
                 Block, New Delhi-110001.
           3.    The Foreigners Regional Registration Officer (FRRO), Bureau of
                 Immigration, Ministry of Home Affairs, Government of India, East Block-
                 VIII, Level-V, Sector-1, R.K. Puram, New Delhi 110066, through Director
                 General, Revenue Intelligence, New Delhi.
           4.    The Canara Bank through its Managing Director - cum Chief Executive
                 Officer having its Office at 112, J.C. Road, P.S.-J.C. Nagar, Bengaluru, PIN
                 Code - 560002.
           5.    The Deputy General Manager (DGM), Canara Bank, Circle Office Patna,
                 3rd Floor, Luv Kush Tower, Exhibition Road, P.B. No. 195, Salimpur Ahra,
                 Golambar, Patna-800001.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Sanjeev Ranjan
                 For the Respondent/s   :       Mr.Additional Solicitor General
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

8   04-05-2026                     Heard Mr. Sanjeev Ranjan, learned counsel for the

                   petitioner, Mr. Rajan Ghoshrave, learned counsel for the Canara

                   Bank and Mr. Anand Kr. Ojha duly assisted by Ms. Kalpana,

                   learned counsel for the Union of India.


                               2. The present writ petition has been filed seeking the

                   following reliefs:


                                                 i. For issuance of an appropriate writ,
                                            order or direction in the nature of certiorari
                                            for quashing the illegal and arbitrary
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                                   action of the respondent no. 3 in making an
                                   adverse endorsement / remark in the
                                   passport of the petitioner marking it as
                                   "cancelled without prejudice" and thereby
                                   restraining his international travel without
                                   authority of law which action of the
                                   respondent no.3 is illegal, arbitrary and
                                   unsustainable.

                                         ii. For issuance of an appropriate
                                   writ, order or direction, in the nature of
                                   Mandamus that upon quashing the adverse
                                   remark/ endorsement of cancellation
                                   without prejudice, the respondent may be
                                   directed to remove the said endorsement
                                   forthwith and permit the petitioner to travel
                                   to the United States of America for the
                                   purpose of joining his employment,
                                   forthwith.

                                         iii. For issuance of an appropriate
                                   writ, order or direction, in the nature of
                                   certiorarified mandamus, directing the
                                   respondents to produce before this Hon'ble
                                   Court the Look Out Circular / Look Out
                                   Notice issued by the Bureau of Immigration
                                   at the instance of Canara Bank and upon
                                   such production, issue a writ in the nature
                                   of certiorari for quashing the same as the
                                   issuance thereof is illegal, arbitrary and
                                   without authority of law and consequently,
                                   restrain the respondents from in any
                                   manner interfering with the fundamental
                                   right to travel outside India. petitioner's

                                         iv. For any other relief / reliefs to
                                   which the petitioner is found entitled in the
                                   facts and circumstances of the case.
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                  Additional prayer made through Interlocutory Application

                  after service of the Look Out Circular, the following

                  reliefs were incorporated by the learned counsel for the

                  petitioner, which are as follows:-


                                        v. For a writ, order or direction in the
                                   nature of certiorari to quash the Look Out
                                   Circular bearing No. 2024410271 dated
                                   30.03.2024, as the same has been issued in
                                   a mechanical manner without disclosing the
                                   grounds for opening the LOC. Thus, the
                                   issuance of the LOC is arbitrary, illegal,
                                   and unsustainable in law.

                                         vi. For a writ, order or direction in the
                                   nature of certiorari to quash the requisition
                                   issued in Appendix-II by the Managing
                                   Director-cum-Chief Officer of Canara Bank
                                   for opening of the LOC, which does not
                                   satisfy the grounds prescribed under the
                                   Office Memorandum dated 22.02.2022, and
                                   therefore, the said requisition is illegal,
                                   arbitrary, and wholly without jurisdiction.

                             3. The factual matrix of the case is that the

          family of the petitioner was engaged in the business of operating

          flour mill through duly incorporated and registered in the year,

          2007 under the name of M/s Maruti Nandan Food Products

          Private Limited, and in the year 2011, petitioner was inducted

          as director holding 28.5% of the shareholding, whereas his elder

          brother holds 71.5% of the shares in the said company. In
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          between 2007 and 2013, the company demonstrated strong

          creditworthiness        through      successive   loan   takeovers   by

          nationalized banks, starting with a Rs. 4 Crore term loan from

          Allahabad Bank. In 2010, the account moved to the Bank of

          India with a sanctioned term loan of Rs. 4.39 Crores and a Rs. 6

          Crore cash credit facility. On 29.06.2013, the Petitioner

          executed a Power of Attorney authorizing his father to act as

          Director and manage loan facilities with Canara Bank. By

          18.12.2015, a previously mortgaged property was sold via

          public auction by Vijaya Bank, a fact that later became central

          to allegations of non-disclosure in the CBI FIR. In 2013, Canara

          Bank took over the account, initially providing a Rs. 10 Crore

          cash credit limit and a Rs. 4 Crore term loan, which were later

          enhanced to Rs. 17 Crores and Rs. 6.5 Crores, respectively.

          These successive appraisals by different financial institutions

          underscored the company's initial financial viability and sound

          operational health.


                             4. Subsequently, the company's financial stability

          said to have been severely compromised following the

          economic impact of demonetization in November 2016 and the

          transition to the GST regime in 2017. These structural shifts

          created a liquidity crunch and disrupted the working capital
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          cycle, leading to a substantial downturn in business operations.

          Consequently, the company struggled to service its interest

          instalments, resulting in the loan account being classified as a

          Non-Performing Asset (NPA) on March 1, 2017. In response,

          Canara Bank initiated recovery proceedings for recovery of the

          alleged outstanding dues, via O.A. No. 540 of 2018 before the

          Debt Recovery Tribunal (DRT), Patna, which was subsequently

          allowed by the Learned Tribunal and recovery proceeding is

          pending before the Recovery Officer.


                             5. Parallel to the DRT proceedings, the bank

          invoked the SARFAESI Act for recovery of the alleged

          outstanding dues, issuing demand notice under Section 13(2)

          and followed by a possession notice under Section 13(4).

          Subsequently, the Bank approached the District Magistrate,

          Patna for taking physical possession of the residential property

          belonging to the petitioner’s father under Section 14. The

          secured assets were thereafter put to auction sale by the Bank.

          However, the said auction sale proceedings were vitiated by

          several legal and procedural infirmities, whereupon the learned

          Debt Recovery Tribunal, Patna was pleased to stay the operation

          of the e-auction sale.
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                             6. To secure the loans, the family had mortgaged

          18 immovable properties, in which the petitioner holds an

          undivided share. While the bank attempted to auction these

          assets, the process faced legal challenges at the DRT due to

          procedural infirmities. A criminal investigation by the CBI (FIR

          No. RC0232023A0010-Pat) dated 22.11.2023 at Police Station

          CBI/ACB, Patna, Bihar, under Sections 120B read with 420 of

          the Indian Penal Code against the company, namely M/s Maruti

          Nandan Food Products Private Limited and its Directors,

          Guarantors and Mortgagors. (Annexure-P/4). In the said FIR,

          the father, mother and brother of the petitioner have been

          arraigned as accused persons. However, the investigation found

          no evidence of siphoning or diversion of funds or any wrongful

          gain accruing to the petitioner. The CBI did not find any

          material indicating diversion of funds or mismanagement in the

          affairs, operations or the conduct of the company. It was noticed

          during the course of investigation that the only irregularity

          noted involved a single property in Village Balbatra

          admeasuring 47.5 decimals (valued at ~Rs. 7.5 Lacs) which had

          a prior undisclosed mortgage with Vijaya Bank and was sold in

          public auction in proceedings before the DRT on 18.12.2015.


                             7.    The     CBI       chargesheet   (Annexure-P/5)
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          ultimately did not find the petitioner involved in any

          wrongdoing, listing him in Column No. 12 as a person not

          charge-sheeted, while charges were filed against the Company,

          Arjun Singh and Abhimanyu Kumar Singh. Subsequently, upon

          completion of investigation, the police report/charge sheet was

          submitted before the Learned Exclusive Magistrate, Central

          Bureau of Investigation, Patna, who was pleased to take

          cognizance under Section 190(1)(a) of the Code of Criminal

          Procedure, 1973 vide order dated 15.01.2025 passed in Special

          Case No. 4 of 2024 for the offences punishable under Section

          120B read with Section 420 of the Indian Penal Code, 1860

          against Shri Arjun Singh, Shri Abhimanyu Kumar Singh and the

          Company. (Annexure-P/6)


                             8. In a move to resolve all outstanding liabilities,

          the company submitted a One-Time Settlement (OTS) proposal

          on May 27, 2025 (Annexure-P/7). The company has offered to

          settle the entire loan account for a sum of Rs. 18.5 Crores and

          has already demonstrated its bona fide intent by depositing an

          upfront amount of Rs. 50 Lakhs via Demand Draft, which the

          bank has encashed. This proposal is intended to cover the total

          default amount which had escalated due to accrued interest.
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                             9. The current legal grievance arises from a Look

          Out Circular (LOC) issued by the Bureau of Immigration at the

          bank's request, which resulted in the petitioner being intercepted

          at Indira Gandhi International Airport on February 6, 2026

          without any prior notice and was neither served a copy of the

          LOC issued against him nor any grounds were communicated to

          him for issuance of LOC against him. Despite being a Lead

          Software Engineer in the USA with no findings of financial

          mismanagement against him, the petitioner’s passport was

          endorsed as "cancelled without prejudice" (Annexure-P/8),

          preventing his return to work. The petitioner sent a

          communication vide e-mail dated 06.03.2026 addressing

          respondent no. 2 with a request inter alia to supply a copy of the

          LOC issued against him to avail appropriate remedy under law.

          (Annexure-P/9)


                             Submission on Behalf of Petitioner


                             10. The Learned Counsel for the petitioner

          submits that the petitioner initially approached the Delhi High

          Court via W.P. (Crl.) No. 628 of 2026 to quash the LOC.

          However, the court did not entertain the petition on merits due

          to a preliminary objection regarding territorial jurisdiction,
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          leading the petitioner to withdraw the case on 26.02.2026 with

          liberty to move the appropriate forum, the Patna High Court

          (Annexure P/12). Jurisdictional issues raised by the petitioner

          was due in the background that neither LOC nor requisition was

          made available to the petitioner at the time of detainment. It is

          next submitted that the legal landscape governing LOCs has

          fundamentally shifted through successive executive instructions,

          often to the detriment of individual liberty. It is argued that

          under the original Office Memorandum (OM) dated 27.10.2010,

          a respondent bank lacked the authority to request an LOC. This

          was altered by the OM dated 05.12.2017, which introduced the

          phrase "detrimental to the economic interest of the country" as a

          ground for restriction a term the petitioner contends did not exist

          in the 2010 guidelines and should only be applied in

          "exceptional circumstances".


                             11. It is next submitted that in order to

          consolidate the directions for issuance of LOCs, the Ministry of

          Home Affairs issued a comprehensive Office Memorandum

          dated 22.02.2021, which presently governs the law with respect

          to the issuance of LOCs. The relevant extract of said Office

          Memorandum is as under: -
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                             “6. The existing guidelines with regard to
                             issuance of Look Out Circulars (LOC) in respect
                             of Indian citizens and foreigners have been
                             reviewed by this Ministry. After due
                             deliberations in consultation with various
                             stakeholders and in suppression of all the
                             existing guidelines issued vide this Ministry's
                             letters/O.M. referred to in para 1 above, it has
                             been decided with the approval of the competent
                             authority that the following consolidated
                             guidelines shall be followed henceforth by all
                             concerned for the purpose of issuance of Look
                             Out Circulars (LOC) in respect of Indian citizens
                             and foreigners: -

                                                     xxx xxx xxx

                             (B) The request for opening of LOC. must
                             invariably be issued with the approval of an
                             Originating Agency that shall be an officer not
                             below the rank of-

                             (i) Deputy Secretary to the Government of India;
                             or

                             (ii) Joint Secretary in the State Government; or

                             (ii) District Magistrate of the District concerned;
                             or

                             (iv) Superintendent of Police (SP) ofthe District
                             concerned; or

                             (v) SP in CBI or an officer of equivalent level
                             working in CBI; or

                             (vi) Zonal Director in Narcotics Control Bureau
                             (NCB). or an officer of equivalent level
                             [including Assistant Director (Ops.) in
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                             Headquarters of NCB); or

                             (vii) Deputy Commissioner or an officer of
                             equivaleht level in the Directorate of Revenue
                             Intelligence or Central Board of Direct Taxes or
                             Central Board of Indirect Taxes and Customs:
                             or

                             (viii) Assistant Director of Intelligence Bureau/
                             Bureau of Immigration (Bol); or

                             (ix) Deputy Secretary of Research and Analysis
                             Wing (R&AW); or

                             (x) An officer not below                   the   level of
                             Superintendent    of     Police             in    National
                             Investigation Agency; or

                             (xi) Assistant          Director      of     Enforcement
                             Directorate; of

                             (xii) Protector of Emigrants in the office of the
                             Protectorate of Emigrants or ån officer not
                             below the rank of Deputy Secretary to the
                             Government of India; or

                             (xiii) Designated officer of Interpol; or

                             (xiv) An officer of Serious Fraud Investigation
                             Office (SFIO), Ministry of Corporate Affairs not
                             below the rank of Additional Director (in the
                             rank of Director in the Government of India); or

                             (xv) Chairman/ Managing Directors/ Chief
                             Executive of all Public Sector Banks.6

                                                     xxx xxx xxx

                             (H) Recourse to LOC is to be taken in
                             cognizable offences under IPC or other penal
                             laws. The details in column IV in the enclosed
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                             proforma regarding „reason for opening LOC‟
                             must invariably be provided without which the
                             subject of an LOC will not be arrested/detained.

                             (I) In cases where there is no cognizable offence
                             under IPC or other penal laws, the LOC subject
                             cannot be detained/arrested or prevented from
                             leaving the country. The originating agency can
                             only request that they be informed about the
                             arrival/departure of the subject in such cases

                                                     xxx xxx xxx

                             (L) In exceptional cases, LOCs can be issued
                             even in such cases, as may not be covered by the
                             guidelines above, whereby departure of a person
                             from India may be declined at the request of any
                             of the authorities mentioned in clause (B) above,
                             if it appears to such authority based on inputs
                             received that the departure of such person is
                             detrimental to the sovereignty or security or
                             integrity of India or that the same is detrimental
                             to the bilateral relations with any country or to
                             the strategic and/or economic interests of India
                             or if such person is allowed to leave, he may
                             potentially indulge in an act of terrorism or
                             offences against the State and/or that such
                             departure ought not be permitted in the larger
                             public interest at any given point in time.

                             12. It is next submitted that while it empowers

          heads of Public Sector Banks to request LOCs, such recourse is

          strictly intended for cognizable offences or cases involving a

          "flight risk," neither of which apply to him as he was not

          charge-sheeted in the underlying CBI investigation (Annexure-
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          P/11 series). The validity of the said Office Memorandum dated

          22.02.2021, along with earlier amendments issued by the

          Ministry of Home Affairs governing the issuance of LOCs, fell

          for consideration before the Division Bench of the Hon’ble

          Bombay High Court in a batch of petitions, the lead matter

          being Viraj Chetan Shah v. Union of India and Ors. reported

          in 2024 SCC ONLINEBOM 1195, wherein the Hon’ble Court

          has quashed Clause 8(b)(XV) of the Office Memorandum dated

          Memorandum No. 27.10.2010 bearing Office 25016/31/2010-

          Imm, as well as Clause 6(B) (XV) of the Office Memorandum

          dated     22.02.2022         bearing      Office   Memorandum   No.

          25016/10/2017-Imm (Pt), whereby the Chairman/Managing

          Director/Chief Executive Officer of a Public Sector Bank was

          empowered to request the opening of a Look Out Circular. Thus,

          in view of the cumulative effect of the said judgment, Public

          Sector Banks cannot open or request issuance of such Look Out

          Circulars and thus, the lookout circular issued against the

          petitioner at instance of the respondent bank is wholly without

          jurisdiction.


                             13. It is next submitted that the decision in the

          case of Viraj Chetan Shah (supra) was also considered by

          Hon’ble Delhi High Court in Sahil Chugh v. Union of India
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          reported in 2024 SCC OnLine Del 4806, wherein, it was held

          that LOC issued at the behest of a public sector bank against

          borrowers/directors merely on account of loan default or

          declaration as wilful defaulters, in the absence of any criminal

          proceedings, are unsustainable in law. It was emphasized that

          the expression “detrimental to the economic interests of India”

          under the MHA guidelines is meant for exceptional cases

          involving grave, systemic or national economic impact, and not

          routine commercial defaults.


                             Submission on Behalf of Respondent-Bank


                             14. Learned Counsel for the respondent-bank

          submits that the petitioner is not entitled to the reliefs sought,

          such as the quashing of the Look Out Circular (LOC) or the

          removal of the passport endorsement. The bank's primary

          position is that the petitioner remains significantly liable for

          substantial outstanding dues, and the restrictive measures are

          necessary to protect the economic interests of the institution and

          the country. It is next submitted that there is history of default

          by the borrower, M/s Maruti Nandan Food Products Pvt. Ltd.

          and a One Time Settlement (OTS) was previously sanctioned on

          September 26, 2017, for an amount of Rs. 23.30 Crore.
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          However, the respondent-bank next submits that the borrower

          failed to honour this commitment, paying only a negligible sum

          of Rs. 0.22 Crore toward the sanctioned amount. This failure to

          adhere to the prior settlement terms is a primary reason for the

          bank's refusal to grant further leniency or permit the petitioner’s

          departure from India.

                             15. It is next submitted that the current financial

          liability, which has escalated due to the breach of the 2017

          agreement and accrued interest. As per the bank’s records, the

          borrower is now required to pay the remaining balance of the

          original OTS (Rs. 23.08 Crore) plus Delayed Period Interest

          (DPI) of Rs. 33.59 Crore calculated up to March 30, 2026. This

          brings the total outstanding liability to Rs. 56.67 Crore. It is next

          submitted that the borrower's representatives submitted a fresh

          OTS offer of Rs. 18.50 Crore, to be repaid over 12 months, with

          a request for the release of mortgaged securities. The bank

          formally rejected this proposal as it does not align with the

          Board-approved policy for compromise settlements, which

          requires payment of the earlier OTS amount plus compounding

          interest.

                             16. It is next submitted that as a director and

          guarantor, the petitioner cannot be permitted to leave the
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          country while such massive financial obligations remain

          unliquidated. The bank asserts that the LOC and the passport

          endorsement are lawful measures taken to recover public

          money. Given the history of non-compliance and the substantial

          gap between the borrower's offer and the actual dues as detailed

          in Annexure-R/1, the bank prays that the court reject the

          petitioner’s request for travel and uphold the restrictive

          measures currently in place.

                             17. Further, in the Supplementary Counter

          Affidavit, the respondent bank clarifies that the Look Out

          Circular (LOC) was issued against the petitioner based on

          several critical factors: his status as the Personal Guarantor for

          M/s Maruti Nandan Food Products Private Limited, his failure

          to respond to the bank's repeated attempts to discuss the loan

          account, and the classification of said account as a Non-

          Performing Asset (NPA). Furthermore, the bank emphasizes that

          the loan account was formally declared as a fraud on February

          27, 2023. Regarding the legal proceedings, the bank has filed a

          petition under Section 358 of the Bhartiya Nagrik Suraksha

          Sanhita, 2023, currently pending before the Special Judge, CBI-

          I, Patna, in R.C. No. 10 (A)/ 2023. However, the bank explicitly

          submits that at the time the requisition for the LOC was
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          originally made, it was clearly indicated that no criminal case

          was pending against the petitioner; therefore, the LOC was

          initiated as a recovery measure for a defaulted and fraudulent

          account rather than as a consequence of the current CBI case.

                             18. Regarding the issue of jurisdiction, the bank

          asserts that the Requisitioning Authority in this matter is the

          Managing Director of Canara Bank, thereby fulfilling the legal

          requirements for such an action as documented in Annexure-R/2

          of the Supplementary Counter Affidavit. The respondent bank

          contends that the petitioner has attempted to mislead the Court

          by making false statements regarding the basis of the LOC and

          the authority of the bank to request it. Ultimately, the bank

          maintains that the recovery of a "huge amount" of public money

          is at risk. It argues that if the petitioner is permitted to travel

          abroad, the likelihood of recovering these funds would be

          severely diminished, and consequently, the reliefs sought in the

          writ petition should be rejected in their entirety.

                             Submission on Behalf of Union of India


                             19. The learned counsel for the respondents no.

          1, 2 and 3 submits that such personal milestones of the

          petitioners do not grant an absolute right to circumvent the legal

          consequences of pending criminal proceedings. It is a matter of
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          record that an FIR has been registered and a formal chargesheet

          has already been filed, rendering the matter sub-judice before a

          court of competent jurisdiction. Under the Passport Act, 1967,

          and relevant government notifications, the pendency of such

          criminal proceedings constitutes a valid and legal ground for the

          restriction or refusal of travel documents. Consequently, the

          petitioner’s proper legal recourse is to approach the concerned

          Trial Court to seek a "No Objection" certificate or specific

          permission to travel, as an alternative and efficacious remedy

          exists within that forum.


                             20. Learned counsel for the respondents further

          submits that the Bureau of Immigration (BoI) functions solely

          as a ministerial "custodian" of the LOC database and does not

          possess the independent authority to initiate, adjudicate, or

          withdraw an LOC suo motu. The LOC against the petitioner was

          operationalized strictly based on a formal requisition from the

          "originating agency," specifically Canara Bank, and the BoI is

          legally bound to maintain this status until the originating agency

          or a competent court directs its withdrawal. In an official

          communication dated March 25, 2026, the BoI stated it has no

          inherent objection to the withdrawal of the LOC, provided such

          a request is formally communicated by Canara Bank. As the
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          petitioner is admittedly a defaulter in relation to the originating

          agency, any grievance regarding the continuation of the LOC

          lies exclusively against that agency rather than the BoI. Counsel

          further contended that they have acted in strict compliance with

          extant governmental guidelines and that no cause of action

          survives against them, necessitating the dismissal of the writ

          petition.


                             Consideration


                             21. On close scrutiny of the facts, materials

          available on record and submission made by the learned counsel

          for the petitioner, Union of India and respondent-Canara Bank,

          it is evident from the submissions made by the Union of India

          that the investigation in which FIR was lodged by CBI, in which

          the charge-sheet has already been filed rendering the matter

          before the Court of competent jurisdiction, therefore, the

          petitioner has to approach the concerned Trial Court for seeking

          NOC to travel abroad. The effective remedy is completely

          misplaced stand as taken by them because the materials do not

          show any charge-sheet having been filed against this petitioner

          and, therefore, the petitioner may not have any reason to

          approach the Court of competent jurisdiction when the criminal
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          case is pending and in view of the fact that the charge-sheet

          having been filed by the CBI against which cognizance has

          already been taken and this petitioner was summoned.


                             21.(i) The reason which has been assigned for

          opening of LOC does not disclose anything new rather on the

          basis of all such materials which were available with the bank at

          the time of attachment of property, kept with them as security,

          has only been referred but to meet with the contingencies as

          enumerated under the guidelines issued by Ministry of Home

          Affairs (MHA) to make such request for opening of LOC has

          not been found out as is apparent from the requisition annexed

          with the Interlocutory Application, while putting the same to

          challenge before this Court. Even from the pleadings made by

          the respondent-bank officials through their counter affidavit, it

          does not appear that any hindrance has been caused by this

          petitioner in respect of the property pledged for obtaining cash

          credit and term loan benefits, rather from the pleadings of the

          parties, it is quite evident that the pledged property was put on

          auction but no prospective buyers turned up as submitted by the

          counsel for the petitioner, which fact has not been controverted

          by the counsel for the respondent-Canara Bank, by referring to
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          the records of the case.


                             22. The guidelines which specifically provides

          for opening of LOC clearly mentions that LOCs can be issued in

          respect of the person against whom cognizable offences are

          made out under IPC or any other Penal Laws and in cases where

          there is no cognizable offence under IPC or any other Penal

          Laws, the LOC subject cannot be detained or arrested or

          prevented from leaving the country. The originating agencies

          can only be acquainted to be informed about the arrival or

          departure in such cases. The power to detain can be exercised

          under exceptional circumstances, which can be discerned from

          the guidelines of Ministry of Home Affairs, where the departure

          of a person from India may be declined at the request of any of

          the authorities based on the inputs received that the departure of

          such person is detrimental to the sovereignty or security or

          integrity of India or the same is detrimental to bilateral relation

          with any country or to strategic and/or the economic interest of

          India or if such person is allowed to leave the country, then the

          person may potentially get indulged in act of terrorism or

          offence against the State and/or that such departure ought not be

          permitted in larger public interest at any given point in time.
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                             23. From the materials placed on record for

          consideration of validity or recourses taking against the LOC

          subject, it is quite evident that the pre-conditions for issuance of

          LOC is apparently missing as the criminal angle against this

          petitioner qua other members were investigated by the Central

          Bureau of Investigation (CBI) but no chargesheet is said to have

          been filed against this petitioner and consequently thereto there

          is no cognizable offence pending against this petitioner as of

          now, which would prohibit or prevent the LOC subject from

          leaving the country. In so far, the cooperation          which   the

          Originating Authority may expect from this petitioner in making

          good the liabilities, which is said to have incurred against the

          Company in question, because of the Loan Account having been

          classified as NPA, the property pledged is already under

          attachment of the DRT and even the efforts made by the DRT to

          put such property on auction could not be fructified and failure

          in fetching suitable buyer may not be attributable to this

          petitioner.


                             24. In so far, the jurisdiction of the originating

          authority in seeking opening of the LOC is concerned to which

          the counsel for the respondent-bank, has categorically submitted

          that the requisition was made by Managing Director of
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          respondent-Canara Bank and as such, the jurisdiction of the

          authority of the Bank in question cannot be questioned, which

          fact has also not been controverted by the petitioner in reference

          to any supportive materials,             to hold the requisition of the

          Originating authority being without jurisdiction. From the

          averments made in supplementary counter affidavit giving out

          the reasons for making requisition for issuance of LOC is that

          petitioner is the personal guarantor of the company namely M/s

          Maruti Nandan Food Products Private Limited and the

          Petitioner did not respond even after request of Canara Bank to

          discuss the status of his loan account and accordingly, the loan

          account has been declared fraud as on 27.02.2023 holding their

          conduct being not satisfactory owing to which the account in

          question has been classified as NPA as per the guidelines of

          RBI.


                             25. The grounds which have been referred in the

          supplementary counter affidavit justifying the issuance of the

          requisition for opening of LOC does not indicate any fresh

          ground rather these grounds were available with the respondent-

          bank from much before, even when the petitioner is said to have

          been visiting the country on several occasions, prior to issuance

          of LOC based on the requisition in question. Insofar, the reasons
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          assigned for not responding to the notices issued by the bank to

          the petitioner to make good to the liability fastened against him,

          there is nothing on record to show that the notices issued were

          ever communicated to the petitioner, even during his visit or

          through any other mode, while this petitioner was abroad.


                             26. Insofar, the issues raised by the counsel for

          the petitioner that the machineries deployed in the unit for

          carrying out the business, could have also fetched more amount

          and the liability so created could be have easily been discharged

          by the petitioner. Clubbing the said amount, if those machineries

          would have separately been put on auction or the petitioner and

          his family members were allowed by the bank officials, to

          negotiate with private person under their supervision. As such,

          stand taken by the counsel for the petitioner, having not been

          controverted, surely persuades this Court to adjudicate the

          issues raised by the petitioner in reference to the specific stand

          taken by the respondent-bank and as also stand taken by the

          Union of India in their counter affidavit to justify the opening of

          LOC.


                          27. At this stage, the counsel for the respondent-

          bank has pointed out that their only concern is that the petitioner
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          should discharge his liability or the mode of discharging the

          same be dictated by him before leaving the country, to such

          stand of the respondent-bank, counsel for the petitioner on

          instructions, submits that the petitioner in order to show his

          bona fide, is ready to discharge some percentage of his liability

          and ready to discuss further terms to settle/discharge the liability

          with the bank, for which both the parties sought indulgence

          from this Court and in order to enable the parties to arrive to an

          amicable settlement or to discuss the mode of settlement, the

          matter was adjourned vide order dated 30.04.2021 by passing of

          following order:


                                   “In continuity with the settlement directed
                                   vide order dated 26.03.2026 to find out the
                                   terms of settlement for allowing the issues
                                   to be adjudicated on merit, the bank
                                   officials are directed to discuss the issues
                                   with the petitioner and fix the terms to
                                   resolve the liability latest by tomorrow, so
                                   that appropriate orders on the grievance
                                   raised by this petitioner can be made by
                                   this Court, wherein the authority of
                                   issuance of requisition based on which the
                                   opening of LOC has been made the subject
                                   matter of challenge.”
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                          28. This matter was taken up on 30.04.2026, in

          order to explore the possibility of settlement and to enable

          adjudication of the issues on merits, the bank officials were

          directed to hold discussions with the petitioner and arrive at

          mutually agreeable terms for liquidation of               liabilities.

          Accordingly, the matter was listed for further consideration on

          01.05.2026 at 3:00 p.m. When the matter was taken up, Shri

          Sanjeev Ranjan, General Manager, ARM Branch, Canara Bank,

          appeared in person and apprised the Court of the discussions

          held with the Head Office as well as with the petitioner. During

          the course of hearing, the respondent bank reiterated its stand.

          However, with a view to facilitate an amicable settlement and

          explore the modes of discharging the liabilities accrued against

          the petitioner and his family members, this Court directed the

          General Manager to further deliberate upon the issues with the

          Head Office and revert with a concrete proposal for settlement,

          the matter was adjourned by passing of following order vide

          order dated 01.05.2026:


                                   “2. In view of the order dated 30.04.2026,
                                   Mr. Sanjeev Ranjan, Chief Manager,
                                   Canara Bank, ARM Branch, Patna, has
                                   appeared in person and submits that the
                                   proposal for settlement with the petitioner
                                   in respect of the financial liability so
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                                   accrued as against the account, which has
                                   been classified as NPA, is under active
                                   consideration before the Board and most
                                   likely an appropriate decision would be
                                   taken on Saturday, i.e. on 02.05.2026 and
                                   as such, in order to apprise this Court with
                                   such decision, seeks a short adjournment.”

                          29. Pursuant to the order dated 01.05.2026 when

          Mr. Sanjeev Ranjan, who had appeared in person and submitted

          that the terms of proposal for settlement with the petitioner in

          respect of the financial liability so accrued as against the

          account, which has been classified as NPA, is under active

          consideration before the Board and most likely an appropriate

          decision would be taken on Saturday, i.e. on 02.05.2026.


                          30. Today, when this matter was taken up for

          consideration, an unsigned paper showing purported proposal

          made on behalf of the respondent is placed for consideration, in

          which the only condition stipulated is that the Bank is only

          interested with the entire decretal amount as on 30.04.2026 to

          the tune of Rs.45,16,79,758, as per the DRT, Patna, be paid by

          this petitioner, only then the interference be given by this Court.

          The proposal came from the respondent-bank is as follows:


                                   “It is observed that the bank sanctioned a
                                   One Time Settlement (OTS) to the borrower
                                   for Rs. 23.30 crore on 26.09.2017. however,
Patna High Court CWJC No.4392 of 2026(8) dt.04-05-2026
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                                   the borrower failed to fulfil their
                                   commitment, paying only Rs. 22 lac
                                   towards the sanctioned amount. To revive
                                   this OTS, the party has to pay the decretal
                                   amount of Rs. 45,16,79,758.00 (as on
                                   30.04.2026) as per the learned DRT, Patna
                                   order.”

                          31. The purported proposal of the Bank, which has

          been placed for consideration by this Court, in reference of

          revival of OTS and payment of decretal amount, which is

          already pending before DRT for its adjudication and there is no

          fresh ground, as is evident from the record, therefore, the

          originating agency who had made the requisition for issuance of

          LOC, cannot be justified in law, and as such the issuance of

          LOC violates the individual rights of the petitioner which is

          protected under Article 19 and 20 of the Constitution of India,

          and so callously, the bank authorities may not be allowed to

          make a requisition to affect the constitutional right of any

          individual, who is said to have borrowed certain amount to

          facilitate their business and owing to demonetization in

          November 2016 and further with introduction of GST regime in

          2017, the business operations of the company suffered a

          substantial downturn.


                          32. Since, the matter is already pending before the
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          DRT and parallel proceeding under SARFAESI Act, 2002, is

          also undertaken by them, the bank is at liberty to pursue such

          remedy, as a similar stand was taken before the Hon’ble Delhi

          High Court in Rajesh Kumar Mehta v. Union of India reported

          in 2024 SCCOnLine Del 4153 wherein it was observed that:


                                   “25. Lookout Circular has been issued
                                   against the Petitioner only because of the
                                   inability of the company to repay its debts
                                   for which the Petitioner stood guarantee.
                                   There are no criminal proceedings against
                                   the Petitioner and there is no allegation
                                   that the Petitioner was instrumental in
                                   defalcation or siphoning off the money. The
                                   Bank has already initiated steps against the
                                   Petitioner and the company by taking steps
                                   under the RDDB Act, SARFAESI Act and
                                   under the IBC. This Court is of the opinion
                                   that after resorting to all the remedies
                                   available in law, the Bank cannot open a
                                   Lookout Circular as an arm-twisting tactic
                                   to recover debt from a person who is
                                   otherwise unable to pay more so when there
                                   are no allegations that he was engaged in
                                   any fraud or in any siphoning off or
                                   defalcation of the amounts given as loan.”

                          33. Since, all such grounds referred in the

          requisition is pending for adjudication before the DRT and

          further this Court is of the opinion that after resorting to all such

          remedies available to respondent-Bank, as per the applicable

          laws, the steps taken for opening of LOC is indeed an arm
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          twisting tactics to recover debts from a person who is otherwise

          unable to pay more, so when there is no allegation against this

          petitioner being engaged in fraud or in any siphoning, or any

          defalcation of amount given as loan and there being no

          cognizable offence, pending against this petitioner, the

          requisition dated 30.03.2024 made for issuance of Look Out

          Circular is wholly unsustainable in law and is accordingly, set

          aside and consequentially, the LOC dated 30.03.2024 is also set

          aside.


                          34. Since, the respondnet-Bank has requested for

          imposing certain conditions upon this petitioner in the event this

          Court holds the requisition to be bad in law and without

          jurisdiction. In view of the fact that the petitioner cannot shirk

          his liability, which has been created against him along with

          other members. Therefore, in fitness of the things, it is required

          that certain conditions be imposed upon this petitioner in

          making good to the liability in due course of time by the Bank

          authority in enabling them to recover the amount in question, as

          is apparent from the proposal placed or record for consideration

          by this court, in which the liability is mentioned referred to the

          decretal amount, as per the learned DRT.
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                          35. Looking to the financial interest & issues being

          involved in the present case and taking into account the proposal

          of this petitioner to settle the issues in due course of time, the

          following conditions are imposed:

                                  (I) In view of the observations made by this
                          Court, the petitioner is required to furnish an
                          assurance regarding the frequency of his visits to
                          India, and that during such visits, he shall present
                          himself before the bank as and when called upon
                          by the bank officials.

                                  (II) The petitioner shall also give an
                          undertaking that he shall not initiate or pursue any
                          further litigation, and that he shall take steps to
                          bring the pending litigations at different forum to a
                          logical conclusion, so as to facilitate the bank in
                          proceeding with recovery and settlement measures
                          by providing full cooperation to the bank officials.

                                  (III) The petitioner shall promptly inform the
                          respondent bank of his arrival and shall appear
                          before the bank officials as and when required for
                          purposes of resolving the liabilities. In any event,
                          the petitioner undertakes to ensure at least one
                          visit to India in a calendar year.

                                  (IV). With regard to the pending litigations,
                          the petitioner further assures that he shall make all
                          sincere efforts to facilitate resolution by engaging
                          with the other stakeholders of the property and by
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                                     placing suitable proposals before them as well as
                                     before the respondent bank, so as to enable an
                                     expeditious settlement of the dispute.

                                 36. All aforesaid undertakings shall be communicated

                     to the appropriate bank authorities via e-mail by this petitioner

                     to show his bona fide. Accordingly, the writ petition stands

                     disposed of.


                                 37. Interlocutory applications, if any, also stands

                     disposed of.




                                                  (Ajit Kumar, J)
sharun/-

U


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