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2022 (8) TMI 1421

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..... icial forum. In the present case, although the petitioner has been declared as a willful defaulter and there may be certain contentions which can be validly raised by the bank against the petitioner, such issue is entirely the subject matter of any award, if passed by a competent judicial forum. As of today, since no order has been passed against the petitioner from any such competent forum in respect of repayment of any quantum of money and keeping in view of the antecedents and attending circumstances of the petitioner, there is no scope of sustaining the LOC against the petitioner, which would not only have the effect of truncating the professional career of the petitioner but also be an unnecessary harassment and fetter on her person .....

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..... ph- 22 of the writ petition. It is further pleaded that the petitioner is a degree holder in M.Sc. Management from the London School of Economics (2002-2003) and that the petitioner is a Montessori school teacher at various schools for children aged 1 to 4 in Kolkata, India, and in the UK. It is further contended by the petitioner that the petitioner permanently moved back to Kolkata and chose to support her husband by being a fulltime mother and homemaker and has two minor daughters, who are studying in Modern High School, Kolkata. Since the petitioner s paternal family is also fully settled in Kolkata since the last fifty years and both her parents are above seventy years and in constant need of attention, the apprehension of evadin .....

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..... st the petitioner from any such competent forum in respect of repayment of any quantum of money and keeping in view of the antecedents and attending circumstances of the petitioner, as indicated in the writ petition and narrated above, there is no scope of sustaining the LOC against the petitioner, which would not only have the effect of truncating the professional career of the petitioner but also be an unnecessary harassment and fetter on her personal liberty without there being any money award of a competent judicial forum against the petitioner. In such view of the matter, the LOC issued against the petitioner cannot be sustained. Accordingly, WPA No. 18655 of 2022 is disposed of by quashing the LOC issued against the petitioner, .....

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