Citation : 2026 Latest Caselaw 5235 Bom
Judgement Date : 19 May, 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (LODGING) NO.17329 OF 2026
1. Arvind Pramodkumar Gupta ]
2. Seema Arvind Gupta ] .. Petitioners
Versus
1. Union of India, ]
Through Ministry of Home and Affairs ]
2. The State of Maharashtra, ]
Through the Office of the Govt. Pleader ]
3. Bureau of Immigration ]
4. IDBI Bank Limited, Cuffe Parade, Mumbai ]
(Formerly, Industrial Bank of India Limited) ]
5. Bank of Baroda, Mumbai ]
6. Union Bank of India,, Mumbai ]
7. Corporation Bank, Mumbai ]
(Now known as Union Bank of India) ]
8. The Saraswat Co-op. Bank Ltd., Mumbai ]
9. Small Industries Development Bank of India, Mumbai ] .. Respondents
Mr. Vikramjit Garewal with Mr. Chirag Sarawagi, Mr. Yash Sinha, i/by
Mr. Tushar Goradia, Advocates for the Petitioners.
Mr. D.P. Singh, Advocate for Respondent Nos.1 and 3.
Ms. Jyoti Chavan, Additional Government Pleader with Ms. Usha Rahi,
Assistant Government Pleader for Respondent No.2-State of
Maharashtra.
Ms. Asma Batatawala, i/by Ms. Rathina Maravarman, Advocates for
Respondent No.5-Bank of Baroda.
Ms. Aditi Karanjkar, Advocate, i/by N.N. Amin & Co., for Respondent
Nos.6 and 7.
1/4
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CORAM : GAUTAM A. ANKHAD &
SANDESH D. PATIL, JJ.
DATE : 19TH MAY 2026
[ VACATION COURT ]
P.C. :
1. The Petitioners have filed the present Petition seeking quashing
and setting aside of the Look-Out Circular issued at the behest of
Respondent no.5-Bank as it restrains the Petitioners from travelling
outside India. Today, the Petitioners seek travel permission for travel
between 22nd May 2026 and 13th June 2026 to United States of America
in order to meet their son at Washington DC. The Petitioners are the
guarantors of the loans taken by M/s. Ahan Apparels Pvt. Ltd., M/s.
Jayita Textiles and Industries Pvt. Ltd. and M/s. Just I Retail
Infrastructure Pvt. Ltd. from several banks. There have been defaults and
proceedings are pending before the Debts Recovery Tribunal against
these Companies.
2. On 8th May 2026, the Petitioners were scheduled to fly from
Mumbai to Washington DC, USA to attend the Graduation Ceremony of
their son in University of Virginia - Darden Business School, USA. The
Petitioners were stopped at the Immigration Counter by the Airport
officials and were orally informed that a Look-Out Circular has been
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issued against the Petitioners. The Petitioners attempted to make
enquiries but no information was forthcoming from Respondent no.3-
Immigration Authority. Although the Petitioners have now missed the
Graduation Ceremony, the Petitioners intend to travel to meet their son
who is currently residing in Virginia, USA and is planning to shift to
New York city.
3. Ms. Batatawala, learned advocate appearing for Respondent no.5-
Bank submits that the Look-Out Circular has been issued at the behest of
Respondent no.5 since the Petitioners are defaulters and are not even
participating in the proceedings before the Debts Recovery Tribunal.
4. Be that as it may, we permit the Petitioners to travel between 22 nd
May 2026 and 13th June 2026 as per the ticket itinerary annexed to the
Petition at page nos.71-72. The Petitioners shall also file an affidavit
providing the usual undertakings which will include the following:
(i) The Petitioners shall furnish details of the addresses where they intend to reside including their hotel details etc. during the aforesaid period.
(ii) The Petitioners shall return to India as per the ticket itinerary annexed at page nos.71-72 of the paper-book.
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(iii) The Petitioners shall not apply for extension or renewal of this order until they return to India.
(iv) The aforesaid undertakings shall be served on the advocates appearing for Respondent no.5-Bank.
5. Subject to the above conditions, the Look-Out Circular issued at
the instance of Respondent no.5-Bank against the Petitioners is
suspended until 14th June 2026. It is clarified that this order does not
apply to any other Look-Out Circular and/or restraint order that may be
issued by any other Court/Authority/Bank. The Immigration Authorities
at all Ports of Departure including Airports will permit the Petitioners
passage and allow them to take the flights out of India irrespective of
whether the Banks have notified them of the said suspension or not and
irrespective of whether this suspension is noted in the systems of the
Immigration Authorities. The Immigration Authorities shall not insist
upon a certified copy of this order but will act on presentation of an
authenticated or digitally signed copy of the order.
6. Place this matter on 29th June 2026.
[ SANDESH D. PATIL, J.] [GAUTAM A. ANKHAD, J.]
SNEHA
ABHAY
DIXIT
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