Bombay High Court Rules Against PSU Banks’ Power to Issue Look-Out Circulars

In a significant ruling, the Bombay High Court declared that public sector banks lack the legal authority to issue Look Out Circulars (LOCs) against defaulting borrowers. This verdict, based on a challenge to a clause in a government memorandum, invalidates all LOCs issued by such banks.

The Verdict

A division bench comprising Justices Gautam Patel and Madhav Jamdar deemed the clause empowering public sector bank chairpersons to issue LOCs unconstitutional. Despite the government’s attempt to seek a stay on the ruling, the bench refused. The judgment is based on petitions contesting the validity of the clause.

Implications and Restrictions

The court’s decision prohibits the Bureau of Immigration from acting on LOCs issued by banks against defaulters. However, it clarifies that orders from tribunals or criminal courts restraining defaulters from traveling abroad remain unaffected.

Legality of the Memorandum

While the court found the government’s office memorandum not violating the Constitution, it deemed the clause allowing bank chairpersons to issue LOCs as “arbitrary and without power in law.” The memorandum, amended in 2018, granted public sector banks authority to issue LOCs in the “economic interest of India,” aiming to prevent individuals from traveling abroad if their departure could harm the country’s economic interests.

Contesting Interpretation

Petitioners argued that the phrase “economic interest of India” cannot be equated with the “financial interests” of any bank, highlighting a nuanced distinction between national economic concerns and individual bank finances.

Piyush Shukla

Recent Posts

FM Launched NITI NCAER States Economic Forum Portal

The Finance Minister, Nirmala Sitharaman, launched the "NITI NCAER States Economic Forum" portal on April…

19 mins ago

Who is Known as the Father of Android?

Many people use smartphones every day, but not everyone knows about the operating systems that…

22 mins ago

Kumbakonam Betel Leaf and Thovalai Flower Garland Receive GI Tag

The Kumbakonam betel leaf of Thanjavur and the Thovalai flower garland of Kanyakumari have been…

28 mins ago

IIT Madras Pravartak Completes Training of First Batch of Cyber Commandos

Amid the growing threat of cybercrime, the IIT Madras Pravartak Technologies Foundation has successfully completed…

40 mins ago

98.21% of Rs 2000 Banknotes Returned to Banking System, Says RBI

The Reserve Bank of India (RBI) announced on April 2, 2025, that 98.21% of Rs…

52 mins ago

India Records Highest Child Adoptions in 12 Years

India witnessed a record 4,515 child adoptions in FY 2024-25, the highest in 12 years,…

53 mins ago