Delhi High Court - Orders
Hulas Rahul Gupta vs Bureau Of Immigration & Ors on 17 February, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2063/2023
HULAS RAHUL GUPTA ..... Petitioner
Through: Ms. Sangeeta Bharti, Mr. Ashish
Kumar, Ms. Vrinda Awasthi, Ms.
Malvi Balyan, Ms. Geetanjali,
Advocates along with petitioner in
person (M- 9911434271)
versus
BUREAU OF IMMIGRATION & ORS. ..... Respondents
Through: Mr. Chetan Sharma (ASG), Mr.
Apoorv Kurup (CGSC), Ms. Swati
Bhardwaj, Mr. Amit Gupta, Advocates
for UOI (M- 9968502750)
Mr. Alok Kumar, Mr. Rohil Pandit,
Ms. Garima Soni, Mr. Abhinav Shukla
& Mr. Manan Gupta, Advocates for R-
2 (M- 84476 54889).
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 17.02.2023
1. This hearing has been done through hybrid mode.
2. By way of the present petition, the Petitioner- Hulas Rahul Gupta seeks quashing of the LOC which has been issued against him. His case is that he was travelling to Canada and was stopped at the Indira Gandhi International Airport, New Delhi on 26th December, 2022. It is his case that he was not given any advance information about the LOC having been issued against him.
3. It is the submission of ld. Counsel for the Petitioner that there are no criminal cases pending against him. The NCLT has already taken cognisance of the disputes with the bank and a Resolution Professional has been Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:21.02.2023 12:59:57 appointed. The resolution plan submitted by the Resolution Professional has been approved by the NCLT vide order dated 21st April, 2022. The said order of the NCLT dated 21st April, 2022, notes that no fraudulent and avoidable transactions are alleged against the Petitioner.
4. Ld. counsel for the Petitioner further submits that the personal insolvency proceeding has also been filed where repayment plan has been approved by the Resolution Professional. The same is also pending before the NCLT.
5. Issue notice. Mr. Alok Kumar, ld. Counsel accepts notice.
6. A short affidavit shall be filed within a period of four weeks contesting the present petition and giving justification of issuance of LOC in these facts. Let rejoinder be filed within two weeks.
7. Let the file relating to the LOC be produced on the next date of hearing.
8. List on 27th April, 2023.
PRATHIBA M. SINGH, J FEBRUARY 17, 2023 Rahul/sk Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:21.02.2023 12:59:57