Bombay High Court
Praful S/O Shridhar Vaidya vs Union Of India, Thr. Deputy ... on 24 June, 2022
Bench: A.S. Chandurkar, Urmila Sachin Phalke
1 925-CAW-1333-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CIVIL APPLICATION (W) NO. 1333 OF 2022
IN WRIT PETITION NO. 2841 OF 2022
(Prafulla s/o Shridhar Vaidya Vs. Union of India, thr. Deputy Director, Bureau of Immigration, New Delhi
& Anr.)
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Shri Atul Pande, Advocate for the applicant/ applicant.
Shri V.A. Brahme, Advocate for non-applicant No.1.
Shri N.K. Fuladi, Advocate for non-applicant No.2.
CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.
DATE : JUNE 24, 2022.
By this application, the applicant prays that the look out circular issued by
non-applicant No.1 on the request made by non-applicant No.2 be stayed to
enable the applicant to travel to Cambridge, United Kingdom from 18/07/2022
to 01/08/2022. It has been stated that the applicant's daughter has been blessed
with a son and the applicant desires to travel to Cambridge, United Kingdom in
that regard. In paragraphs 4 and 5 of the application, the details of place of his
stay as well as his cell number have been disclosed. In paragraph 6 of the
application, it is stated that the applicant would visit the Indian Embassy at
London and mark his presence as directed.
The prayer is opposed by the learned Counsel for the non-applicants.
Learned Counsel for non-applicant No.2 submits that since the Bank has to
recover substantial dues from the applicant, such permission may not be
granted. If the same is granted, the applicant could be directed to deposit some
amount with the Bank.
We find that the question with regard to permitting a party against whom
the recovery proceedings have been filed before the Debt Recovery Tribunal
could be precluded from traveling abroad in view of issuance of look out circular
has been considered in Writ Petition No. 2826/2022 (Anurag s/o Padmesh
Gupta Vs. Bank of India & Anr.) decided on 07/06/2022. Considering that
judgment, interim orders have been passed in Writ Petition No. 3078/2022
2 925-CAW-1333-2022.odt
(Padmesh Deodatta Gupta Vs. Bureau of Immigration, Ministry of Home Affairs
and Ors.) and connected Writ Petitions.
Hence, for the reasons assigned in the judgment in Anurag Padmesh
Gupta, cited supra, and as we find that it is only at the request of non-applicant
No.2 that non-applicant No.1 has issued the look out circular, the following
order is passed :
ORDER
The applicant is permitted to travel to Cambridge, United Kingdom from
18/07/2022 to 01/08/2022 subject to furnishing undertaking in terms of
paragraph 25 of the judgment in Writ Petition No. 2826/2022. The applicant
shall attend the Indian Embassy once during his stay at Cambridge. In addition,
the applicant shall furnish details as regards the place where the applicant would
be residing in Cambridge, United Kingdom during the aforesaid period.
Undertaking be filed in this Court prior to the scheduled date of departure.
Shri V.A. Brahme, learned Counsel shall communicate this order to non-
applicant No.1. Similarly, the learned Counsel representing the Bank shall also
communicate this order to the Bank to take necessary steps to facilitate the
applicant's travel in terms of this interim order.
The Civil Application is disposed of.
WRIT PETITION NO. 2841/2022.
Put up along with Writ Petition Nos. 2827/2022, 2994/2022 and
2995/2022.
(URMILA JOSHI-PHALKE, J.) (A. S. CHANDURKAR, J.)
SUMIT
Digitally signed bySUMIT CHETAN
AGRAWAL
Signing Date:24.06.2022 19:02
