Allowed

Pradeep Kumar P. v. the Union of India, Ministry of Home Affairs

Kerala HC6 Dec 2023WP(C)/15062/2023

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What is this about?

The Court allowed the writ petition directing the Bank to expunge remarks/passport entries within two weeks to permit the petitioner's overseas travel, conditional on obtaining an undertaking not to dispose of assets and informing the Bureau of Immigration of travel dates.

What did the court decide?

Directed the Bank to remove remarks/endorsements/entries from the petitioner's records/passport within two weeks, conditioned on petitioner obtaining an asset undertaking within one week and informing

Pradeep Kumar P. Vs the Union of India, Ministry of… — Writ and Judicial Review | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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WEDNESDAY, THE 6TH DAY OF DECEMBER 2023 / 15TH AGRAHAYANA, 1945

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WP(C) NO. 15062 OF 2023

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PETITIONER:

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PRADEEP KUMAR P.
AGED 41 YEARS
S/O.PEETHAMBARAN, PRANAVAM, PALLICKAL, NADUVILE MURI,
KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690503
BY ADVS.
C.S.MANILAL
S.NIDHEESH

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RESPONDENTS:

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1THE UNION OF INDIA,
MINISTRY OF HOME AFFAIRS,
REPRESENTED BY THE SECRETARY, NORTH BLOCK, CABINET,
SECRETARIAT, RAISINA HILLS, NEW DELHI, PIN - 110001
2THE EMIGRATION OFFICER,
REGIONAL OFFICE, SANTHI NAGAR, WELLINGTON ISLAND,
COCHIN,, PIN - 682020
3UCO BANK, REPRESENTED BY ITS MANAGER,
55 AND 56, SAKTHI TOWERS, BHARATHI STREET, GROUND
FLOOR, VALIYAPURAM, 3RD STREET, TIRUPPUR, TAMIL NADU,
PIN - 641601

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SRI. DEEPAK JOY K., SC
SMT.MINI GOPINATH - CGC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 15062 OF 2023 2

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JUDGMENT

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When this matter was called today, Smt.Mini Gopinath – learned Central Government Counsel, submitted that the issues in this case are already covered by an interim order, dated 05.05.2022, of the Hon’ble Supreme Court, in Special Leave to Appeal (C)No.7733/2022 and the judgment of this Court in W.P(C)No.42653 of 2022. She pointed that, as is evident from the afore said interim order, the Bank has been directed to expunge remarks/endorsements/entries in the records/passport of a person like the petitioner, so as to enable him to travel abroad; but after obtaining an undertaking that he/she will not dispose of their assets, if any. She then showed me that the respondent therein had been directed to keep the Bureau of Immigration informed of his/her dates of departure and entry into India. She added that, in W.P(C)No. 42653 of 2022, this Court has already dealt with the same issue, particularly the right of the Bank - which is the same as the one in this case - to issue Look Out Circulars, based on the Circular of the Government of India, and found against them.

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Sri.Deepak Joy, learned counsel for the respondent - Bank affirmed the afore.

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WP(C) NO. 15062 OF 2023 3

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I must say that the afore submissions of Smt.Mini Gopinath holds great force because, when the Hon’ble Supreme Court is seized of the matter, it would not be proper for the Banks to act contrary to its interim orders.

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In the afore circumstances, I am left without doubt that the 3^rd respondent - Bank, is also expected to act in terms of the afore interim orders and the judgment of this Court in W.P(C)No. 42653 of 2022.

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In such circumstances, I allow this writ petition and direct the respondent - Bank to remove the remarks/endorsements/entries in the records/passport of the petitioner, within a period of two weeks from the date of receipt of a copy of this judgment, so as to enable him to travel abroad.

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However, this will be on specific condition that petitioner will give an undertaking before the Bank that he will not deal with any of his assets, movable or immovable, without permission; and this shall be done within a period of one week from the date of receipt of a copy of this judgment.

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The petitioner is also hereby directed to inform the Bureau of Immigration of the dates of his departure and entry into India; and should there be any violation of the afore conditions, the benefit of this

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WP(C) NO. 15062 OF 2023 4

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judgment will be lost to him and the Bank will be at liberty to take necessary action, with the rigour of Look Out Notice being revived

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against him.

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Sd/-

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DEVAN RAMACHANDRAN JUDGE

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MC/13.12

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WP(C) NO. 15062 OF 2023 5

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APPENDIX OF WP(C) 15062/2023

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PETITIONER EXHIBITS
Exhibit - P1TRUE COPY OF THE O.A.425/2021 FILED BY 3RD
RESPONDENT, BEFORE THE DEBT RECOVERY
TRIBUNAL, ERNAKULAM, DTD. 14/9/21.
Exhibit - P2TRUE COPY OF THE AIR TICKET DTD. 23/4/23
Exhibit - P3TRUE COPY OF THE JUDGMENT DATED 7/6/2022
IN WRIT PETITION NO. 2826 OF 2022 ON THE
FILE OF THE HON'BLE HIGH COURT OF BOMBAY.
Exhibit P4TRUE COPY OF THE INTERIM ORDER IN W.A
866/2023 DATED 28.4.2023
Exhibit P5TRUE COPY OF THE LETTER DATED 24.9.2023

Pradeep Kumar P. v. the Union of India, Ministry of Home Affairs

Case brief

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Pradeep Kumar P. v. the Union of India, Ministry of Home Affairs

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