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Court upholds travel permission despite recovery proceedings, citing compliance and conditions. The High Court dismissed the Letters Patent Appeal challenging the order allowing the respondent to travel abroad despite pending recovery proceedings and ...
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The High Court dismissed the Letters Patent Appeal challenging the order allowing the respondent to travel abroad despite pending recovery proceedings and a lookout circular. The court considered the respondent's substantial outstanding dues but also noted their past compliance with travel permissions. Emphasizing the conditions imposed by the Single Judge, including a personal bond and submission of itinerary, the court found no reason to interfere, given the respondent's history of traveling without issues. The appeal was dismissed for lack of merit, resulting in the disposal of the Civil Application.
Issues: Challenge to correctness of order permitting travel abroad despite pending recovery proceedings and lookout circular.
Analysis: The appellant, Bank of Baroda, challenged the order allowing the respondent to travel abroad despite recovery proceedings and a lookout circular. The bank argued that the respondent's huge outstanding dues and false asset declaration pose a risk of non-repayment and violation of the lookout circular. The bank contended that the respondent's misleading information and lookout circular should have been considered by the Single Judge. On the other hand, the respondent's counsel argued that the respondent had complied with previous travel permissions and would not evade the proceedings. The respondent's history of traveling abroad without issues was highlighted, emphasizing that the conditions imposed by the Single Judge adequately protected both parties' interests.
The High Court noted the respondent's substantial outstanding dues but also considered the past compliance with travel permissions. The court acknowledged the respondent's previous travels without violations and the conditions imposed by the Single Judge to ensure the respondent's return. The court highlighted the conditions imposed, including a personal bond, deposit amount, affidavit undertaking, and submission of itinerary. The court found no reason to interfere with the Single Judge's discretion, especially considering the imposed conditions and the lookout circular. Consequently, the Letters Patent Appeal was dismissed for lack of merit, leading to the disposal of the Civil Application.
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