Immigration
Guest
(Querist) 15 February 2014
This query is : Resolved
sirs,
i have a query.What is the role of immigration officer at the airport? If someone is a defaulter of a loan from bank especially a cooperative bank then is he allowed to travel abroad or else he will be at a risk of being caught by the immigration officers at the airport?
Devajyoti Barman
(Expert) 16 February 2014
No worry. It is of think of worry only if look- out notice is issued and that too when criminal case is started and the accused person is absconding without taking bail.
Guest
(Querist) 16 February 2014
the defaulter is absconding since 2008 and doesnt know the status of the case.the matter was in DRT.the loan amount was 9 lacs in 2008 when matter went to drt and attachment orders were passed.still do you think that airport immigration will be intimated regarding the same?
ajay sethi
(Expert) 16 February 2014
you can make efforts to find out the staus of matter in DRT . if you have failed to file in appearance most probably recovery certificate would have been issued by DRT . execution proceedings taken out by abnk for attachement of hsi property .
Rajendra K Goyal
(Expert) 16 February 2014
In absence of specific orders from court, interference of immigration officer in the given case is doubtful.
Guest
(Querist) 16 February 2014
what are specific orders? the recovery ertificate would have been issued by DRT . execution proceedings taken out by abnk for attachement of his property but in such case will it have any concern with immigration..i.e will he be barred from traveling abroad sirs?
prabhakar singh
(Expert) 16 February 2014
There is least possibility of any such order
nor DRT has such power as it can order detention of borrower-j.d. only when property attached and sold has not fully satisfied the decree and Jd has no more property to satisfy the decree.
Guest
(Querist) 16 February 2014
but sir in this case the property attachment orders were passed and the borrower is absconding because he did not have any property or money to pay to bank so in such case does drt approach the immigration for just 9 lacs?
prabhakar singh
(Expert) 16 February 2014
No! unless Bank approaches it to pass such an order.
Guest
(Querist) 16 February 2014
is there any way how it can be checked?
Devajyoti Barman
(Expert) 16 February 2014
In DRT cases no look out notice is issued. Only if there is any FIR registered and bail is not obtained then only such notice is issued.
Guest
(Querist) 16 February 2014
do u think bank makes an fir in such cases?
Advocate. Arunagiri
(Expert) 16 February 2014
The DRT has no power to issue proclamation order against the defaulter.
Only when proclamation is ordered against the offender, the offender may get caught in the airport or else where.
Guest
(Querist) 16 February 2014
sir,what is proclamation? in the above mentioned case what is your assumption considering the whole scenario?do you think proclamations are generally ordered in such cases?
V R SHROFF
(Expert) 16 February 2014
If court declare order absconding/ proclamation, Then only Airport authority will take steps. So no chance.
Guest
(Querist) 16 February 2014
sir,my final question.do banks or court generally take steps for loan amount of 9 lacs .in the above mentioned case what is your assumption considering the whole scenario?do you think proclamations are generally ordered in such cases?
Devajyoti Barman
(Expert) 16 February 2014
Mr Tatsat, you are posting queries at random and makes no effort to obtain information.
It is your job to search for information not for us to make assumptions.
Guest
(Querist) 16 February 2014
srry...it was a query by someone on whos behalf i was asking things...thanks so much for your valuable time sirs..
Devajyoti Barman
(Expert) 17 February 2014
he should as he was more interested to ask questions only than implementing the replies we have made.
T. Kalaiselvan, Advocate
(Expert) 17 February 2014
The author whose account is deleted, might have got his account deleted due to asking such questions without implementing the replies, as a matter of fact, he is not even trying to attempt to make an enquiry with the concerned DRT as suggested neither wants to understand the replies given.
