Supreme Court - Daily Orders
Bank Of India vs Noor Paul on 5 May, 2022
Bench: Indira Banerjee, A.S. Bopanna
ITEM NO.1 COURT NO.8 SECTION IV-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 7733/2022
(Arising out of impugned final judgment and order dated 05-04-2022
in CWP No. 5492/2022 passed by the High Court Of Punjab & Haryana
At Chandigarh)
BANK OF INDIA Petitioner(s)
VERSUS
NOOR PAUL & ORS. Respondent(s)
(FOR ADMISSIONList on 05.05.2022 at 2:00 P.M. )
Date : 05-05-2022 This petition was called on for hearing today.
CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE
HON'BLE MR. JUSTICE A.S. BOPANNA
For Petitioner(s) Mr. V. Giri, Sr. Adv.
Mr. V. Seshagiri, Adv.
Mr. Basit K. Zaidi, Adv.
Mr. Adhish Rajvanshi, Adv.
Ms. Prachi Jain, Adv.
Mrs. Bela Maheshwari, AOR
For Respondent(s) Mr. Chander Uday Singh, Adv.
Mr. Vikramaditya Singh, AOR
Mr. Yashvardhan B., Adv.
Mr. Shreyank Tiwari, Adv.
Mr. Amjid Maqbool, Adv.
Mr. Subin M. John, Adv.
Mr. Viddushi Shandilya, Adv.
Mr. Tushar Mehta, SG
Mr. Annam Venkatesh, Adv.
Mr. Kanu Agrawal, Adv.
Mr. Venkatesh, Adv.
Ms. Sairica Raju, Adv.
Mr. Arvind Kumar Sharma, Adv.
UPON hearing the counsel the Court made the following
Signature Not Verified
O R D E R
Digitally signed by GULSHAN KUMAR ARORA Date: 2022.05.07 17:04:55 IST Reason: Issue notice.
Mr. Vikramaditya Singh, learned counsel, who is on caveat, 2 accepts notice on behalf of Respondent No.1. Since Mr. Arvind Kumar Sharma, learned counsel appeared on behalf of the Union of India, service on Respondent Nos.2, 3 and 4 stands waived.
Let service be effected on Respondent No.5. Dasti service, in addition, is permitted. List the special leave petitions on 27.07.2022 for final disposal.
In the special facts and circumstances of this case, we are not inclined to stay the judgment and order dated 05.04.2022 passed by the High Court except for the direction in the operative part of the order in Paragraph 78(c), which is set out hereinbelow for convenience :-
“(78) For the aforesaid reasons, we hold that:
(c) The respondents No.1, 3 and 4 shall serve copy of the LOC and also reasons for issuing it to the person against whom it is issued as soon as possible after it is issued, and also provide a post decisional opportunity to him and these requirements shall be read into the Oms issued by respondents concerning the issuance of the LOCs.” There shall also be stay of the direction for payment of costs until further orders.
It is made clear that the judgment and order impugned shall 3 not be treated as precedent in other cases.
The petitioner-Bank and the respondent Immigration Authorities shall ensure that the petitioner is not prevented from travelling abroad to pursue her studies by reason of the Look Out Circular.
The concerned authorities shall comply with the directions. The respondents shall comply with the direction in Paragraph- 78(b)(iii) of the impugned order, which is set out hereinbelow for convenience :-
“(iii) Respondents No.1 to 4 shall expunge any remarks/dndorsements/entries that might have been entered in the records/Passport of the petitioner with respect to the LOC dt. 28.12.2021 within one week from the date of receipt of copy of this order and they are directed to permit the petitioner to travel abroad to pursue her studies.” The respondent No.1 shall give an undertaking to this Court not to dispose of her assets, if any. The respondent No.1 shall also keep the Bureau of Immigration informed of the dates of departure from and entry into India.
(GULSHAN KUMAR ARORA) (MATHEW ABRAHAM)
AR-CUM-PS COURT MASTER (NSH)