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LOC against wilful defaulter stayed, allowed to travel to USA to attend son’s convocation: Bombay High Court

A Look out circular (LOC) against a wilful defaulter was stayed by the Bombay High Court, allowing him to travel to the United States to witness his son’s graduation through a bench of Justices Revati Mohite Dere & Madhav J. Jamdar in the case of Manappadom Subramaniam vs Bureau of Immigration (WRIT PETITION (ST) NO. 12614 OF 2022)

FACTS OF THE CASE:

The State Bank of India, the Bank of Baroda, the Bank of Maharashtra, and three other banks designated Manappadom Subramaniam a wilful defaulter in 2019; his plea was being considered by the High Court at the time.

Learned counsel for the applicant claims that the was maintaining the legal records for Respondent No. 9- company. He claims the applicant has already travelled to the USA, despite the fact that he was identified in 2019 as a wilful defaulter. The applicant’s counsel in support of the aforementioned submission saw the passport as proof of the same. The applicant submitted that he planned to visit the United States in order to attend his son’s graduation ceremony.

He claims that the applicant was scheduled to depart on April 15, 2022, but was stopped by immigration officials when he arrived at the Mumbai International Airport on that day and was informed of the LOC imposed against him.

JUDGEMENT:

The applicant was given permission by the court to go to the USA from 22 April 2022 to 18 July 2022 on the following terms and conditions. First, the applicant was required to present an undertaking to the Prothonotary and Senior Master outlining the apartments that are registered in his name. Until the aforementioned writ petition is resolved, the affidavit must attest that the said flats are free from encumbrances and that no third-party rights will be created in the said flats. The applicant’s plans to go to the USA from April 22 through July 18, 2022, would not be hampered by the disputed LOC.

Regardless of whether the immigration system has been updated, the immigration authorities at the airport will allow the applicant to pass through immigration and board his aircraft. The applicant shall be able to travel and pass through immigration in compliance with the order, regardless of any auto-renewal or other LOC that may be given at the request of respondents nos. 2 to 7.

Additionally, the applicant must return to India in accordance with his plans and must file an application if he plans to travel after that.

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JUDGEMENT REVIEWED BY REETI SHETTY

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