Kerala High Court · 2024

MR. NOUSHAD M., AGED 41 YEARS, S/O LATE ABDUL MAJEED, MEDAVATHUKKAL, KILIKOLLUR, KALLUMTHAZHUM, KOLLAM, (REPRESENTED BY HIS POWER ATTORNEY HOLDER MR.ABDUL VAHAB S/O MUHAMMED KASSIM, RESIDING AT JAZIR MANZIL, PARAKKOD, 264A,KARIYIL, KAZHAKOOTAM.P.O THIRUVANANTHAPURAM DISTRICT, PIN - 691004 MRS. JEENA NOUSHAD, AGED 37 YEARS, W/O NOUSHAD M, MEDAVATHUKKAL, KILIKOLLUR KALLUMTHAZHUM, KOLLAM - 691004 MRS. JAMEELA BEEVI, AGED 71 YEARS W/O LATE ABDUL MAJEED, MEDAVATHUKKAL, KILIKOLLUR KALLUMTHAZHUM, KOLLAM, PIN - 691004 MRS. SHAMEEMA, AGED 43 YEARS S.S MANZIL, COLLEGE NAGER 39- A,T.K.M COLLEGE P.O, KARICODE, KOLLAM, PIN - 691005 MR. SHAJAHAN, AGED 45 YEARS, MEDAVATHUKKAL, KILIKOLLURKALLUMTHAZHUM, KOLLAM, PIN - 691004 BY ADV P.R.MILTON RESPONDENTS: 1 2 3 4 THE UNION OF INDIA, REPRESENTED BY IT'S SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF INDIA, SOUTH BLOCK, NEW DELHI, PIN - 110001 THE RESERVE BANK OF INDIA, REPRESENTED BY IT'S DEPUTY GENERAL MANAGER, RBI, BAKERY JUNCTION NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN – 695033 THE CHAIRMAN AND MANAGING DIRECTOR UCO BANK, BTM SARANI, KOLKATA, PIN - 700001 EMIGRATION OFFICER THIRUVANANTHAPURAM INTERNATIONAL AIRPORT, AIRPORT ROAD, WP(C) NO. 2417 OF 2024 2 5 6 7 CHACKAI, THIRUVANANTHAPURAM KERALA, PIN - 695024 THE BRANCH HEAD, UCO BANK, TRIVANDRUM BRANCH THIRUVANATHAPURAM, PIN - 695001 THE ZONAL HEAD, UCO BANK, ZONAL OFFICE, S.R COMPLEX, RAVIPURAM ROAD, COCHIN, PIN - 682016 DEPUTY GENERAL MANAGER & CONVENER OF THE COMMITTEE FOR IDENTIFICATION OF WILFUL DEFAULTERS UCO BANK, RECOVERY DEPARTMENT HEAD OFFICE, 7TH FLOOR, BTM - SARANI KOLKATA, PIN - 700001 SRI. DEEPAK JOY K., SC SRI.GIREESH KUMAR - CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2417 OF 2024 3 JUDGMENT Even though the petitioners seek that Exts.P4, P5 and P8 orders issued by the third respondent – Bank be quashed, it is clear that this Court has no competence to look into its merits or to adjudicate the same under Article 226 of the Constitution of India, since it will involve assessment of various factual and documentary materials, especially on the question whether they were liable to be declared as willful defaulters.

2. Being aware of the afore, Sri.P.R.Milton - learned counsel for the petitioners, confined his plea to the second prayer, arguing that, solely because the afore orders have been issued, his clients have now been burdened with a Look Out Notice issued by the Bank; and therefore, that they are now restrained from travelling.

3. Sri.Gireesh Kumar – learned Central Government Counsel appearing for the official respondents, submitted that the issue relating to the Look Out Notice has already been settled by this Court in at least two judgments namely, W.P(C) Nos.35475/2023 and 32966/2023. He submitted that, therefore, these are aspects which are now covered by the said WP(C) NO. 2417 OF 2024 4 declarations; and left it to this Court to issue appropriate orders.

4. Sri.Deepak Joy – learned standing counsel for the Bank, began his submissions saying that the assessment of the merits of Ext.P4, P5 and P8 orders, whereby, the petitioners have been declared as willful defaulters cannot be done by this Court and that the petitioners must invoke other alternative remedies, as are available to them either now or in due course. However, as regards the Look Out Notice, he also conceded that the issues have been decided by this Court in the afore said judgments. In the afore circumstances, leaving open the challenge of the petitioners against Exts.P4, P5 and P8, to be impelled by them appropriately in future or before the alternative forum, I allow this writ petition, following the earlier precedents of this Court in the following manner: (a) I direct the respondents to remove the remarks/ endorsements/entries in the records/passport of the petitioners, within a period of two weeks from the date of receipt of a copy of this judgment, so as to enable them to travel abroad. However, this will be on specific condition that the petitioners WP(C) NO. 2417 OF 2024 5 will give an undertaking before the Bank that they will not deal with any of their assets, movable or immovable, without permission; and this shall be done within a period of one week from the date of receipt of a copy of this judgment. (b) The petitioners are also hereby directed to inform the Bureau of Immigration of the dates of their departure and entry into India; and should there be any violation of any of the afore conditions, the benefit of the judgment will be lost to them and the Bank will be at liberty to take necessary action, with the rigour of Look Out Notice being revived against them. Sd/- DEVAN RAMACHANDRAN JUDGE WP(C) NO. 2417 OF 2024 6 APPENDIX OF WP(C) 2417/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 TRUE COPY OF THE LETTER DATED 6/03/2021 ISSUED BY THE ZONAL HEAD OF THE UCO BANK , ZONAL OFFICE ERNAKULAM TRUE COPY OF THE SHOW CAUSE NOTICE DATED 25/05/2022 ISSUED IN FAVOUR OF M/S.SKY LIGHT TRADING TRUE COPY OF THE REPLY LETTER DATED 07/06/2022 ISSUED BY THE FIRST PETITIONER ON BEHALF OF THE M/S.SKY LIGHT TRADING TRUE COPIES OF THE SEPARATE ORDER SHEETS DATED 18/08/2022 AND THE COVERING LETTERS DATED 07/09/2022 ISSUED TO M/S.SKY LIGHT EXPORTS TRUE COPIES OF THE ORDER DATED 18/08/222 AND THE COVERING LETTER ISSUED TO M/S.SKY LIGHT TRADING TRUE COPY OF THE REPLY SUBMITTED BY THE FIRST PETITIONER TO THE DGM, THIRUVANANTHAPURAM ON 27/09/2022 FOR M/S SKY LIGHT EXPORTS Exhibit P7 TRUE COPY REPLY LETTER DATED 27/09/2022 FOR M/S.SKY LIGHT EXPORTS Exhibit P8 TRUE COPY OF THE COVERING LETTER DATED 14/09/2023 AND THE ORDER SHEET DATED 22/06/2023 OF THE REVIEW COMMITTEE OF WILFUL DEFAULTERS ISSUED TO M/S.SKY LIGHT EXPORTS AS WILFUL DEFAULTER Exhibit P9 TRUE COPY OF THE MASTER CIRCULAR DATED 1/07/2015 ISSUED BY THE RESERVE BANK OF INDIA Exhibit P10 TRUE COPY OF THE JUDGMENT IN WP (C) 2427 OF 2020 OF THE HON'BLE HIGH COURT OF WP(C) NO. 2417 OF 2024 7 KERALA Exhibit P11 TRUE COPY OF THE E-TICKET OF THE SECOND PETITIONER AND DAUGHTER FOR TRAVELLING TO SHARJAH Exhibit P12 TRUE COPY OF THE RETURN TICKET FROM SHARJAH