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2025 DAILYLAW 41210 (KAR)

SMT PUSHPA RAMVIJJI v. UNION OF INDIA

WP/25268/2025 · 2025-08-21

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32583 WP No. 25268 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 25268 OF 2025 (GM-RES) BETWEEN: 1. SMT PUSHPA RAMVIJJI W/O DOMODARAN SARADARAM VIJJI AGED ABOUT 60 YEARS R/AT NO. 9, VINAYAGAR NAGAR KASTHURINAYAKAM PALAYAM VADAVALLI COIMBATORE-641 041 TAMIL NADU, INDIA. 2. DOMODARAN SARADARAM VIJJI AGED ABOUT 68 YEARS R/AT NO. 9, VINAYAGAR NAGAR KASTHURINAYAKAM PALAYAM VADAVALLI, COIMBATORE-641 041 TAMIL NADU, INDIA. …PETITIONERS (BY SRI. SHIVARAMA BHAT O.,ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS SOUTH BLOCK, CENTRAL SECRETARIAT NEW DELHI 110 001. REP. BY MINISTRY OF EXTERNAL AFFARIS Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32583 WP No. 25268 of 2025 2. MINISTRY OF HOME AFFAIRS BUREAU OF IMMIGRATION KARTAVYA BHAVAN, 3137 MANSING ROAD NEW DELHI 110 003. 3. PASSPORT AUTHORITY OF INDIA ROOM NO. 27, PATIALA HOUSE TILAK MARG, NEW DELHI DELHI 110 001. 4. THE REGIONAL PASSPORT OFFICE REPRESENTED BY ITS PASSPORT OFFICER 8TH BLOCK, 80 FEET ROAD KORAMANGALA BENGALURU-560095. 5. AIRPORT AUTHORITY OF INDIA REPRESENTED BY ITS IMMIGRATION OFFICER TERMINAL 2 KEMPEGOWDA INTERNATIONAL AIRPORT DEVANAHALLI BENGALURU 562 110. 6. INDIAN BANK CORPORATE OFFICE REPRESENTED BY ITS MANAGING DIRECTOR AND C.E.O. NO.254/260, AVVAI SHANMUGAM SALAI ROYAPETTAH CHENNAI-600014. 7. INDIAN BANK ZONAL OFFICE REPRESENTED BY ITS ZONAL MANAGER 4TH FLOOR, EAST WING 26/27, RAHEJA TOWERS M.G ROAD BENGALURU 560 001. - 3 - HC-KAR NC: 2025:KHC:32583 WP No. 25268 of 2025 8. INDIAN BANK SAM BRANCH REPRESENTED BY ITS CHIEF MANAGER AND AUTHORIZED OFFICER PULIAYAKULAM 1ST FLOOR, NEAR CARMEL GARDEN MHSS COIMBATORE-641 043. …RESPONDENTS (BY SRI.H. SHANTHI BUSHAN., DSGI FOR R1 TOR R4; SRI. T.P. MUTHANNA, ADVOCATE FOR R6 TO R8) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE A WRIT OF MANDAMUS DIRECTING THE 5TH RESPONDENT IMMIGRATION OFFICER TO CLEAR THE TRAVEL OF THE PETITIONERS FROM BANGALORE TO LOS ANGELES AND RETURN FROM LOS ANGELES TO BANGALORE FORTHWITH LATEST BY 22/08/2025 SO AS TO ENABLE THE PETITIONERS TO ATTEND THEIR SON'S M8ARRIAGE WHICH IS TO BE HELD FROM 24/08/2025 TO 29/08/2025 AT PORTOLA SPRINGS COMMUNITY CENTER, IRVINE, CALIFORNIA, U.S.A AS PER ANNEXURE-D; (B) ISSUE A WRIT OF MANDAMUS DIRECTING THE 8TH RESPONDENT TO REMOVE THE RESTRICTION OF TRAVELLING ABROAD IMPOSED ON THE PETITIONERS IN THE PORTAL OF THE 5TH RESPONDENT AT THE INSTANCE OF RESPONDENT - 4 - HC-KAR NC: 2025:KHC:32583 WP No. 25268 of 2025 NO.8 FORTHWITH AND BY COMMUNICATING THE SAME IN VIEW OF CLEARANCE OF THEIR LOAN. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners' grievance with being stopped at the Bengaluru International Airport on the way to Los Angeles to attend their son's wedding is captured by this Court in the following terms on the previous hearing date [19.08.2025]: [a] the communications from the Indian Bank [Annexures - A and B] bear testimony to the petitioners' case that the entire loan that they have availed stands discharged with the proceedings under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 to sell the property worth more than Rs.50 Crores, and the petitioners have also been given the benefit of the return of Rs.81,00,000/-. - 5 - HC-KAR NC: 2025:KHC:32583 WP No. 25268 of 2025 [b] notwithstanding the same, the petitioners were stopped by the immigration officers at the Bangalore International Airport from travelling on the ground that there is a dispute about the loan outstanding with the Bank, and [c] the only dispute that is pending is about the petitioners' grievance with the property being sold for a much lesser value. Sri T P Muthanna, the learned counsel for the sixth to eighth respondents, submits that he cannot controvert any of the afore and his instructions are that the Bureau of Immigration has been informed about the closure of the loan. Sri H Shanthi Bhushan, the learned Deputy Solicitor General, who appears for the Immigration Authorities, submits that if the loan is closed and the Bank has no objection with the travel, there should be no cause for the immigration authorities to prevent the petitioner from traveling unless there is another Look out Circular [LOC] against the petitioner. - 6 - HC-KAR NC: 2025:KHC:32583 WP No. 25268 of 2025 In rejoinder, Sri O Shivarama Bhat, the learned counsel for the petitioners, submits that to the petitioner's knowledge and information, there is no reason for any other LOC as they have availed only the subject loan. In the light of the afore, the following: ORDER [a] The petition stands disposed of recording the submission on behalf of the Bank that there is communication to the Bureau of Immigration that the LOC may be recalled as loan according to it stands closed and observing that there should be no occasion to prevent the petitioners from traveling abroad on this score. - 7 - HC-KAR NC: 2025:KHC:32583 WP No. 25268 of 2025 [b] The petitioners are reserved with liberty to upload a certified copy of this order with the Foreign Regional Registration Office [FRRO] on its email ID - frroblr- ka.nic.in. Sd/- (B M SHYAM PRASAD) JUDGE AN/-