Disposed

Mr. Bellam Ravichandra, v. Union Bank of India

Andhra Pradesh HC20 Oct 2023WP/13298/2022

Case brief

AI extract

What is this about?

In a writ petition challenging the illegal issuance of a Look Out Circular (LOC) for travel abroad, the High Court directed the Ministry of Home Affairs and Bureau of Immigration to verify the LOC and act upon the bank's request dated 09.10.2023 to delete it, disposing of the petition at the admission stage.

What did the court decide?

The Respondents 4 & 5 are directed to verify and pass orders on the LOC by taking into consideration the proceedings of the Bank dated 09.10.2023.

Mr. Bellam Ravichandra, Vs Union Bank of India — Banking and Recovery | Andhra Pradesh HC (2023)

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FRIDAY, THE TWENTIETH DAY OF OCTOBE : TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

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WRIT PETITION NO: 13298 OF 2022

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Between:

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Mr. Bellam Ravichandra, S/o. Kotaiah Bellam, Age- 48 Years, Occ- Business, R/o.Chellemma Thota, Tanguturu Post, Tanguturu Mandal, Prakasham District. Andhra Pradesh.

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...Petitioner

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AND

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Union Bank of India, Regional Office, 1St Floor, Aridhra Bank Building, Seethamadhara, Vishakhapatnam - 530 013 Rep by its Authorized Officer. [email protected] [email protected]

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Union Bank of India Asset Recovery Branch, Door No. 26-15-150, Andhra bank Building, Changalraopeta, Vishakapatnam - 530 001 Rep by its Authorized Officer. [email protected]

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Central Bureau of Investigation, Banking Securities and Frauds Branch, 36 Bellary Road, Ganganagar, Bangalore - 560032 Rep by Dy. Insp. General of Police.

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Union of India, Ministry of Home Affairs, North Block, New Delhi - 110001, Represented by Secretary,

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Bureau of Immigration East Block-VIII, Level-V, Sector-1, R.K. Puram, New Delhi-110066, Rep. by its Commissioner.

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Foreigners Regional Registration Officer, Bureau of Immigration (MHA), Sardar Vallabhai Patel Bo! OCR Complex, Shamshabad - Pahadishareef Road, Near GMR Township (CISF Residential Quarters), Mamidipally, Shamshabad, Telangana-501218.

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or orders, direction or writ more particularly one in the nature of Writ of Mandamus to declare the action of Respondents No. 1 to 3 in issuing a Look Out Circular against the Petitioner i.e., Mr. Bellam Ravichandra,

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holding Passport No. Z4187739 from travelling abroad is illegal, violative of his fundamental rights and an abuse of authority and process of law by consequently set aside the same.

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IA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents No. 1 to 3 to permit the Petitioner (i.e., Bellam Ravichandra, holding Passport No. Z4187739) to travel to United States of America from 11.05.2022 to 24.06.2022.

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IA NO: 2 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to permit the Petitioner (i.e., Bellam Ravichandra, holding Passport No. Z4187739) to travel to Dubai from 21.08.2022 to 23.08.2022.

IA NO: 1 OF 2023

IA NO: 2 OF 2023

Counsel for the Petitioner: SRI N.JEEVAN KUMAR

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Counsel for the Respondents 1 & 2: SRI SATYANARAYANA NIMMALA

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Counsel for the Respondent No.3: SRI A.CHENNA KESHAVULU, SPL.PP

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Counsel for the Respondents 4 to 6: SRI JUPUDI V.K.YAGANA DUTT, I/c DSG

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The Court made the following: order

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THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

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WRIT PETITION NO.13298 OF 2022

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ORDER:

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This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

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".... pleased to pass an order or orders, direction or writ more particularly one in the nature of Writ of Mandamus to declare the action of Respondents No. 1 to 3 in issuing a Look Out Circular against the Petitioner i.e., Mr. Bellam Ravichandra, holding Passport No.Z4187739 from travelling abroad is illegal, violative of his fundamental rights and an abuse of authority and process of law by consequently set aside the same and pass such other and further Orders as this Hon'ble court deems fit."

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Heard Sri N. Subba Rao, learned Senior Counsel, representing Sri N. Jeevan Kumar, learned counsel for the petitioner, Sri Satyanarayana Nimmla, learned counsel appearing for respondent Nos.1 & 2, Sri Jupudi Yagna Dutt, learned In-charge Deputy Solicitor General appearing for respondent Nos.4, 5 & 6 and Sri A. Chenna Keshavulu,

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RC, J W.P. No.13298 of 2022"

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learned Special Public Prosecutor for CBI appearing for respondent No.3.

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When the matter is taken up for consideration today, Sri N. Subba rao, learned Senior Counsel, contended that a Look out Circular (LOC) has been initiated against the petitioner by the respondent-Bank for non-payment of loan amounts. He further submitted that, after filing Writ Petition, the petitioner has cleared the loan amounts and bank authorities has issued proceedings dated 09.10.2023 to the Immigration Authorities duly requesting to delete the LOC against the Directors, Chairman and Guarantors of the petitioner's company. In the said list, petitioner's name is also found place. In spite of the same, the respondent Nos.4 & 5 are not deleting the LOC against the petitioner. As such, prayed to pass appropriate orders in this regard.

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On the other hand, Sri Jupudi Yagnadutt, learned Incharge Deputy Solicitor General, submitted that, in fact another LOC was also issued upon the instructions of the CBI, but, however if the petitioner submits any representation by duly enclosing the said material, the authorities would consider and pass orders.

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3 RC, J W.P. No.13298 of 2022

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In reply to the same, Sri N. Subba Rao, learned Senior counsel contended that, already representations were made by the petitioner and respondent-Bank has already sent communication to respondent Nos.4 & 5, in those circumstances, there is no necessity for making any representation in that regard. As such, prayed to dispose of the Writ Petition by passing appropriate orders.

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The learned counsel for respondent Bank has not disputed with regard to issuance of proceedings dated 09.10.2023, wherein they requested the respondent Nos.4 & 5 to delete the LOC issued against the petitioner and no reasons are forth coming from the respondent Nos.4 & 5 as to why they have not acted upon the proceedings issued by the Bank dated 09.10.2023. At the instance of the respondent bank, the LOC has been issued against the petitioner and the very same bank issued proceedings to delete the LOG. However, they did not delete the LOG, so far, without furnishing reasons for such non-deletion.

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In these circumstances, taking the submissions of learned counsel for the petitioner as well as learned counsel for respondents and the material available on record. Instead

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RC, J W.P. No.13298 of 2022

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of keeping this Writ Petition pending,^{this Court is inclined to} dispose of the Writ Petition, at the^{admission stage, with the} consent of both learned counsel^{appearing for both parties by} passing the following order:

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The Respondent Nos.4 & 5 are^{hereby directed toverify} and pass orders on the LOC^{issued against the petitioner by} taking into consideration the^{proceedingsofthe Bank dated} 09. 10.2023 vide ref No.^{17291:CRD:881:2023-24.}

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Accordingly, the Writ Petition is disposed^{of.There shall} be no order as to costs. Consequently, miscellaneous petitions, pending if any, shall stand^closed.

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Sid- P. VINOD KUMAR ASSISTANT REGISTRAR

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//TRUE COPY// U ~~SECTI N OFFICER

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The Authorized Officer, Union Bank of India, Regional Office, 1St Floor, Andhra Bank Building, Seethamadhara, Vishakhapatnam - 530 013. [email protected] [email protected]

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The Authorized Officer, Union Bank of India Asset Recovery Branch, Door No. 26-15-150, Andhra bank Building, Changalraopeta, Vishakapatnam - 530 001 Email-bm [email protected]

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The Dy. Insp. General of Police, Central Bureau of Investigation, Banking Securities and Frauds Branch, 36 Bellary Road, Ganganagar, Bangalore - 560032.

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The Secretary, Union of India, Ministry of Home Affairs, North Block, New Delhi —110001.

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The Commissioner, Bureau of Immigration East Block-VIII, Level-V, Sector-1, R.K. Puram, New Delhi-110066.

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The Foreigners Regional Registration Officer, Bureau of Immigration (MHA), Sardar Vallabhai Patel Bol OCR Complex, Shamshabad - Pahadishareef Road, Near GMR Township (CISF Residential Quarters), Mamidipally, Shamshabad, Telangana-501218.

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One CC to Sri N Jeevan Kumar, Advocate [OPUC] 8. One CC to Sri Satyanarayana Nimmala, Advocate [OPUC] 9. One CC to Sri Jupudi V.K.Yagna Dutt, In-charge Deputy Solicitor General [OPUC]

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Two CCs to Public Prosecutor, High Court of Andhra Pradesh. [OUT] 11. Two CD Copies

RAM

HIGH COURT

DATED:20/10/2023

ORDER

WP.No.13298 of 2022

DISPOSING OF THE WP WITHOUT COSTS

Mr. Bellam Ravichandra, v. Union Bank of India

Case brief

What is this about?

What did the court decide?

Mr. Bellam Ravichandra, v. Union Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

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