Can a now resigned Independent Director be detained from leaving the country if a fraud case is initiated on his previous company?

Last updated: 05 May 2021
Quick Summary
This case concerns a former independent director who resigned in 2015 and relocated abroad. In 2021, he was prevented from leaving India due to a Look Out Circular (LOC) issued at the request of the Serious Fraud Investigation Office (SFIO) concerning his former company. The director challenged the LOC, arguing it was issued unfairly after his resignation and relocation.

Court :
Delhi High Court

Brief :
The Petitioner in the present petition has challenged the Look Out Circular (hereinafter, ‘LOC’) issued against him by Respondent Nos 3 and 4 i.e., the Ministry of Corporate Affairs (hereinafter, ‘MCA’) and the Serious Fraud Investigation Office (hereinafter, ‘SFIO’) and prays for the same to be quashed.

Citation :
W.P.(C) 3374/2021

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