Abhinav Bhatnagar vs Bank Of Baroda
2025 Latest Caselaw 2599 MP

Madhya Pradesh High Court

Abhinav Bhatnagar vs Bank Of Baroda on 9 January, 2025

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                             1                                WP-29965-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     WP No. 29965 of 2024
                                          (ABHINAV BHATNAGAR Vs BANK OF BARODA AND OTHERS )



                          Dated : 09-01-2025
                                Shri Ashish Anand Barnad -         learned Advocate with Shri Aditya
                          Khandekar for the petitioner.
                                Shri Pushpendra Dubey - Advocate for the respondent No.1.

Heard on I.A. No. 23227/2024, which is an application for staying the effect of "Look Out Circular" issued against the petitioner and permit the

petitioner to travel abroad for the business purpose.

Learned Senior Counsel for the petitioner submitted that in the present petition the petitioner has challenged "Look Out Circular" issued by Ministry of Home Affairs, Government of India i.e. respondent Nos.3 - copy of which has never been supplied to the petitioner and because of "Look Out Circular", the petitioner who is a Director of two reputed Companies is not in a position to undertake foreign travel for business purpose, which is an important basic human right of an individual. As per Reserve Bank of India circular dated 31/01/2023, the Bank has advised that except in very rare

cases, a non-whole time Director should not be considered as a wilful defaulter, unless it is conclusively established that he was aware of the fact of wilful default by the borrower or the wilful default had taken place with his consent or connivance. Hence, learned counsel for the petitioner prays for staying the effect, operation and execution of the Look-Out Circular(s) issued by the respondent No. 3 against the petitioner during pendency of the

2 WP-29965-2024 present writ petition.

The prayer is opposed by the learned counsel for the respondent No.1/Bank.

Taking into consideration the Apex Court judgment in the case of Satish Chandra Verma vs. Union of India passed in Civil Appeal No.3802/2019 on 09/04/2019, Apex Court has reiterated that the right to travel aboard is a genuine and basic human right like marriage and family.

Learned counsel for the petitioner also undertakes to make the petitioner available, as and when the respondents desire for the purpose of investigation etc. In view of the above undertaking, it is made clear that the "Look Out Circular" shall not come in way of the petitioner to travel abroad, subject to

not taking citizenship of any other country till final out-come of this writ petition.

Accordingly, I.A. No. 23227/2024 stands disposed of. List this case after six weeks alongwith W.P. No. 22997/2023 for analogous hearing.

C.C. as per rules.

                          (SUSHRUT ARVIND DHARMADHIKARI)                     (ANURADHA SHUKLA)
                                    JUDGE                                          JUDGE
                          skt