A.Kumar v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-04-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY and WMP.Nos.25622, 25624 and 25625 of 2023 A.Kumar S/o Arumugam No 21, Isha Signature Villa, Jalladiyanpet, Perumbakkam, Chennai 600 100.

..Petitioner Vs

1. Union Of India, Represented by The Ministry Of Home Affairs, Foreign Department Immigration Office, North Block, New Delhi 110 001.

2. Indian Bank Rep. By Its Assistant General Manager Stressed Assets Management Branch, Wellington Estate, No 55 Ethiraj Salai, Egmore, Chennai 600 008.

3. State Bank Of India, Rep. by its Assistant General Manager Stressed Assets Management Branch, Branch Red Cross Building Monteith Road Egmore, Chennai 600 008.

..Respondents Writ Petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Certiorari calling for the records relating to the impugned Look Out Circular issued by the Respondent No 1, at the request of 2nd and / or 3rd Respondent quash the same as it amounts to arbitrary exercise _________Page1 of 5

of power and infringes upon the petitioners constitutional right to travel abroad. For Petitioner:

Mr.Ramaswamy Meyyappan For Respondents:

Mr.A.R.Sakthivel (R1) Senior Panel Counsel Mr.S.Sri Vijai (R2) for M/s.Aiyar and Dolia Mr.M.C.Ganesh (R3)

ORDER

Challenging the Look Out Circular (LOC) issued by the 1st respondent, the petitioner has filed this Writ Petition.

2. The learned counsel appearing for the petitioner would submit that the petitioner is a business man, engaged in the business of export and import of agricultural items and sea food and he has to travel abroad for business and marketing activities. While so, due to the Look Out Circular (LOC) issued by the 1st respondent, based on the instructions of the respondents 2 and 3, the petitioner has been restrained from travelling abroad and hence he could collect the outstanding dues from the buyers. He therefore seeks to set aside the Look Out Circular.

3. The learned Senior Panel Counsel appearing for the 1st respondent and the learned counsel appearing for the respondents 2 and 3 would submit that CBI has already filed a case before the XI Additional Special Court for CBI cases _________Page2 of 5

against the petitioner and since the matter already seized of by the CBI Court, the petitioner has to redress his grievance before the CBI Court, by filing appropriate application seeking permission to travel abroad,stating the reasons for his travel and the CBI Court, may grant permission, if it is genuine and reasonable.

4. Considering the submissions made by the learned counsel appearing on either side, this Court directs the petitioner to make an application before the concerned CBI Court, in case of any requirement to travel abroad, by assigning the reason for his travel to abroad and on such application being filed, the said Court shall ascertain whether the petitioner's travel to abroad is mandatory or otherwise necessary, thereafter pass orders on merits and in accordance with law.

5. This Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed. 02-04-2026 Index: Yes/No Speaking/Non-speaking order arr _________Page3 of 5

To

1. Union Of India Represented By The Ministry Of Home Affairs, Foreign Department Immigration Office, North Block, New Delhi 110 001.

2. Indian Bank Rep. By Its Assistant General Manager Stressed Assets Management Branch Wellington Estate No 55 Ethiraj Salai, Egmore Chennai 600 008

3. State Bank Of India Rep. By Its Assistant General Manager Stressed Assets Management Branch, Branch Red Cross Building Monteith Road Egmore, Chennai 600 008.

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KRISHNAN RAMASAMY, J.

arr 02-04-2026 _________Page5 of 5

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