Allowed

Sriharsha Majety v. Union Bank of India

Telangana HC3 Apr 2023WP/36868/2022

Case brief

AI extract

What is this about?

The High Court suspended the Look-Out Circular issued by the Union Bank of India against the petitioner. The order directs the petitioner to comply with travel reporting guidelines and mandates a quarterly review by the bank to assess the need for the order's continuation.

What did the court decide?

LOC suspended for four months from 20.04.2023 to 19.08.2023; Bank to review on quarterly/annual basis; Petitioner to comply with reporting guidelines.

Sriharsha Majety Vs Union Bank of India — Banking and Recovery | Telangana HC (2023)

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[³¹⁶⁸ I

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HIGH COURT FOR^{THE STATE OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE THIRD^{DAY OF APRIL} TWO THOUSAND AND^{TWENTY THREE}

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PRESENT

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THE HON'BLE SRI JUSTICE^{K. LAKSHMAN}

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WRIT PETlTloN NO:^{36868OF 2022}

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Between:

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Sriharsha Maietv. S/o Surendranath^{Maiety' Agedabout 36 years,Occ} ' sr;'h"rs, nyci. ijoot No.^{8-165' 3rd Avenue, Sainikpuri'Secunderabad-} 5ooog4 ..PETtrtoNER

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..PETtrtoNER

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AND

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1 Union Bank of^{lndia, StressedAssets Management Branch,3rd Floor, Andhra} gjni eritOing, Sultan Bazar, Koti, Hyderabad -500095 Represented by its Authorised Officer.

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2 Union Eank of lndia,^{lndustrial Finance Branch, First Floor, Dr'No 6-3-} iogoBtqlot, Somajiguda,^{RajBhavan Road, Hyderabad -500002'} Rerrresenled bv its Authorised Officer.

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J- unLn Bank of india. Khairtabad^{Branch,6-2-985,Pavani Plaza,GHMCRoad'} Hvrlerabad -500004. Reoresented by^{its Asst. General Manager'}

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Uiion of lndia, Ministry of^{Homenffdirs,North Block, NewDelhi - 1 10001,} - Reoresented bv Secretary, ,$

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Buieau of lmmiqration. East Block-Vlll,^{Level-V, Sector-1,R.K Puram' N6/v} Ilelhi-1 10066. R-eo. bv its Commissionbr.

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F"i"ioners neoional Reqistration^{Officer, Bureau of lmmigration (MHA)'5th} rborie ebck,-TTMc, Birilding,^{KHRoad,Shanti Nagar, Bengaluru,} Kamataka -560027 '

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...REspoNDENTs Petition under Anide 226^{of the Constitutionof lndia praying that in the-} circumstances stated in^{the affidavitfiled therewith,the HighCourt may be} pleased to issue a writ, order or^{direction, morein the natureof the Writ of} Mandamus to.

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a. Declare the action of Respondent^{Bank No. 1 to 3 in failingto consider} and issue a response to the^{representation dated 07 -O9.2O22 issued by the} Petitioner as illegal and arbitrary^{and pass such other order as it deems fit and} proper in the interest of^justice-

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b. Declare that the Look-Out^{Circular issued by the RespondentBank No' 1} to 3 against the Petitioner is^{contrary to Look-outcircularguidelines dated} 22.02.2021^(Ref. No. 2501611}t2}17-lmm^{(Pt.)) and consequently,set asidethe} same

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$,iEn EE. Y

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IA NO 1 0F 2022 Petition under Section¹ 51 CPC^{praying that in the circumstancesstated in} the affidavit^{filed in supportot the petition, the High Court maybe pleasedto} suspend the^{operationand effectof the LookOut Circularissued against the} Petitioner^{(i.e.,Sriharsha Majety, holding PassportNo. 25620962)}

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lA NO: Z oF²⁰²²

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Petition under Section¹⁵¹ CPC^{praying that in the circumstancesstatedin} the affidavit^{filed in support of the petition,the High Court may be pleasedto direct} ihe Respondents^{to permit the Petitioner (i.e., Sriharsha Maiety, holdingPassport} No. 25620962)^{to travelabroad from time to time}

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IA NO:^{3 OF 2022}

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Petition under Section^{151 CPC praying thatin the circumstancesstated in} the affidavit^{filedin support of the petition,the High Court may be pleasedlo direct} the Respondent^{Bank to consider the representation dated Ol 09.2022and issuea} response to^{the same}

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IA NO: 4 0F²⁰²²

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Petition under Section¹⁵¹ CPC^{praying that in the circumstancesstated in} the affidavit^{filed in support of the petition,the High Court may be pleasedto} Xtow this application,^{suspend the Look-OutCircularissuedagainst the Petitionerby} Respondent^{Nos.1 to 3 for a period pf thre{3)months,i.e',from 01/01/202-3to} 311O312023

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Counsel for^{the Petitioner:SRMKRAMPOOSERLASENIOR.COUNSEL} FOR M5. SHREYA DEVAKI

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Counsel for Respondent^{Nos.1 to 3: SMT. V. OYullArtll}

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(SC FOR BANK OF INDIA)

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Counsel for^{RespondentNos.4 to 6: SRI GADI PRAVEEN KUMAR,} DEPUTY SOLICITOR GEI{ERAL OF INDIA

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,+'.'-*.

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The Court^{made the following: ORDER}

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HON'I}I,E SRI JTJSTICE K. I-AKSHMAN

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WRIT PETITION No.36868 OF 2022

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ORAL ORDER:

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Heard Mr. Vikam Pooserla, leamed Senior Counsel representing Ms. Shreya Devaki, leamed counsel for the petitioner and Mrs. V. Dyumani, leamed standing counsel for respondent Nos.l to 3 and leamed Deputy Solicitor General of India appearing on behalf of respondent Nos.4 to^(r.

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This writ petition is filed to declare the action of respondent Nos. I to 3 in failing to consider and issuc a response to the representation dated,07.09.2022 submitted by the petitioner and the Looli Out Circular issued against the petitioner as illegal and consequently set aside the same.

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Perusal of the record would reveal that the petitioner herein had filed a writ petition vide W.P. No.23799 of 2022 to declare the action of respondent Nos.l to 3 in issuing LOC against the petitioner from travelling abroad on 04.03.2022 as illegal. The respondent bank had filed counter. Considering the rival submissions, vide order dated 28.07.2022, this Court disposed of the said writ petition with certain directions and suspended the subject LOC for a period of one month

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x.r'".

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-L {-..: \ l' N(l 161168 oflrlll

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lrorn 02-08.2022 to 0r -09.2022 on cerrai. condiiions- Norv, thc [)eritioncf herein is seeking permission to travel abr-oad and rcasons have specifically menrioned in the rvrit affidavit and also in ttre additional affidavit filcd by the peritioner on 10.02.2023 vide U.S.R. No.15679 ol 2023. The petitioner herein is a guarantor. There is no change ol circumstance from 28.07 .2022 to today. considering the said l-acts, this court is inclined to grant relief to ttre oetitioner on the very same conditions.

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,Accordingly, this Writ pctition IS disposcd of r.vith thc lollowirrg directions:-

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LOC issued by the respondent Nos.l to 3 bank agai,rsi the petitioner is suspencied for a period of four months from 20.04.2023 to 19.08.2023 ;

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Respondent Noi. t to 3 Bank shall inform/ communicate this order to other respontens in terms of Office Memorandum, dated 22.02.202 I ;

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lIt. The petitioner shall inform his arrival/departure to the respondents in terms of the said Office Memorandum, dated22.02.2021;

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lv Respondent No.l to 3/BanVOriginating Agency shall

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review LOC opened against the petitioner herein on quarterly and annual basis, submit proposals to delete

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KI-.J W I' No l6li68 oil0ll

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LOC, il any, immediately alter such a rcview in tcrms ot. tlre said Office Memorandum, dated 22.02.2021 . They shall communicate the same to the petitioner herein;

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Both the petitioner and the respondents are directed to comply with the guidelines issued by the Govemment of India vide Office Memorandum dated 22.02.2021;

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Liberty is granted to the respondents to take action against the petitioner herein for violation of any of the aforesaid conditions; and

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vll Liberty is also granted to the petitioner to raise all the grounds which he has raised in the present writ petition challenging the subject LOC itself.

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However, there shall be no order as costs

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..1

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As a sequel thereto, miscellaneous petitions, if any, pending in the

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writ petition shall stand closed.

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HIGH COURT

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DATED: 0310412023

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ORDER

WP.No.36868 of 2@2

DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS

Sriharsha Majety v. Union Bank of India

Case brief

What is this about?

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Sriharsha Majety v. Union Bank of India

Case brief

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