Bombay High Court
Padmesh Deodatta Gupta vs Bureau Of Immigration, Ministry ... on 9 June, 2022
Bench: A.S. Chandurkar, Urmila Sachin Phalke
32wp 3078, 3079, 3080 of 2022.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION (WP) No. 3078/2022
AND
WRIT PETITION (WP) No. 3079/2022
AND
WRIT PETITION (WP) No. 3080/2022
PADMESH DEODATTA GUPTA
..VS..
BUREAU OF IMMIGRATION, MINISTRY OF HOME AFFAIRS AND ORS.
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order__________________________________________________________
W.P. No. 3078/2022
Shri D.V. Chauhan, Advocate for the petitioner
Shri N.S. Deshpande, ASGI for respondent no. 1
Shri S.N. Kumar, Advocate for respondent no. 2
Shri A.T. Purohit, Advocate for respondent no. 3
W.P. No. 3079/2022
Shri D.V. Chauhan, Advocate for the petitioner
Shri N.S. Deshpande, ASGI for respondent no. 1
Shri S.N. Kumar, Advocate for respondent no. 2
Shri A.T. Purohit, Advocate for respondent no. 3
W.P. No. 3080/2022
Shri D.V. Chauhan, Advocate for the petitioner
Shri N.S. Deshpande, ASGI for respondent no. 1
Shri A.T. Purohit, Advocate for respondent nos. 2 to 8
CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, J.J.
DATED : 09/06/2022
In these writ petitions issues similar to those raised in Writ
Petition Nos. 2827/2022, 2994/2022 and 2995/2022 have been
raised. The petitioner in these writ petitions is Director at M/s.
Gupta Energy Pvt. Ltd. in Writ Petition No. 3078/2022, M/s.
Gupta Global Resources Pvt. Ltd in Writ Petition No. 3079/2022
and M/s. Gupta Coal (I) Pvt. Ltd. in Writ Petition No. 3080/2022.
The said Companies had availed financial assistance from the
respondents/Banks. Proceedings for recovery of the outstanding
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32wp 3078, 3079, 3080 of 2022.odt
dues of the respective Companies are pending before the Debt
Recovery Tribunal wherein the petitioner is also impleaded.
It is informed that in Writ Petition No. 3080/2022,
respondent no. 8/Vijaya Bank has now merged with Bank of
Baroda.
While issuing notices on 08.06.2022, Shri N.S. Deshpande,
learned Assistant Solicitor General of India was directed to obtain
instructions as regards contents of the Look Out Circular stated to
be issued against the petitioner. Copy of that Look Out Circular has
been furnished for perusal. We find that the Look Out Circular
issued against the petitioner is similar to the Look Out Circular that
was issued against the petitioners in Writ Petition Nos. 2827/2022,
2994/2022 and 2995/2022.
Additional fact to be noted is that in proceedings being CBI/
317/2019 the petitioner who has been arrayed as accused had
moved an application for seeking permission of the Court to travel
abroad between 11.06.2022 to 15.06.2022. The learned Special
Judge, (PC Act) CBI, New Delhi on 31.05.2022 was pleased to
grant such permission to the petitioner to travel to Turkey by
imposing conditions.
Considering these facts, we find that the petitioner is entitled
to similar interim relief as has been granted in the writ petitions
referred to hereinabove. Hence, while granting time to the
respondents to file their affidavit-in-replies, by an interim order it is
directed that the effect, operation and implementation of the Look
Out Circular issued on the basis of letter dated 13.08.2020 by the
Bank of Baroda, Mumbai, letter dated 19.09.2020 issued by the
State Bank of India and letter dated 21.09.2020 issued by the
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32wp 3078, 3079, 3080 of 2022.odt
Punjab National Bank would remain stayed until further orders.
The petitioner is permitted to travel to Turkey from
11.06.2022 to 17.06.2022 subject to furnishing undertaking as
stated in paragraph no. 25 of the judgment in Writ Petition No.
2826/2022. In addition, the petitioner shall furnish details as
regards the place where the petitioner would be residing in Trukey
during the aforesaid period. Undertaking be filed in this Court prior
to the scheduled date of departure.
Shri N.S. Deshpande, learned Assistant Solicitor General of
India shall communicate this order to the respondent no. 1.
Similarly, the learned Counsel representing respective Banks shall
also communicate this order to the respective Banks to take
necessary steps to facilitate the petitioner's travel in terms of this
interim order.
Put up alongwith Writ Petition Nos. 2827/2022, 2994/2022
and 2995/2022.
Authenticated copy of this order be supplied to the learned
Counsel for the respective parties for taking necessary steps.
JUDGE JUDGE
Digitally
signed by
SANDIP
SANDIP MAHADEV
MAHADEV GATE
GATE Date:
2022.06.09
18:11:49
+0530
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