Look Out Circular: Directors Of Company Can’t Be Denied ‘Right To Travel Abroad’ In Absence Of Any Non-Compoundable Offence
Case: Rajesh Kumar Agarwal & Ors. v. Regional Director (E), Ministry of Corporate Affairs, Kolkata & Ors.
Coram: Justice Biswanath Rath
Case No.: W.P.(C) No. 9502 of 2022
Court Observation: “There is no complaining of non-cooperation against any of the Petitioners. Further as of now there is no existence of the Petitioners’ involvement in any non-compoundable offence. In the circumstance, this Court finds, continuance of LOC may be dangerous, as it had already affected the Fundamental Rights of the Petitioners to travel abroad for promotion of their business. The entire inspection is already over and any of the Petitioners movement to abroad can very well be controlled by setting out terms and conditions involving each of the Petitioners.”
“It is needless to observe here that there is no declaration of NPA involving any account involving the Petitioners by any bank as of now. Allegation at this stage appears to be speculative and imaginary and in the circumstance, there cannot be taking away liberty of any of the Petitioners.”
Previous Posts
A Relief For Which No Prayer Or Pleading Was Made Should Not Be Granted: Supreme Court
Mother Can Give Surname Of Second Husband To Child After Death Of Biological Father: Supreme Court
Keywords
Look Out Circular, Right To Travel Abroad, Non-Compoundable Offence
