Bombay High Court
Piyush S/O Late Rajesh Marodia vs Bureau Of Immigration, Ministry ... on 22 September, 2022
Bench: A.S. Chandurkar, Urmila Sachin Phalke
1 29-WP-5473-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 5473 OF 2022
WITH
WRIT PETITION NO. 5475 OF 2022
WITH
WRIT PETITION NO. 5474 OF 2022
(Piyush s/o Late Rajesh Marodia Vs. Bureau of Immigration, Ministry of Home Affairs, Government of
India, thr. its Commissioner (Immigration), New Delhi & Ors.)
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Shri D.V. Chauhan, Advocate for the petitioner.
Shri N.S. Deshpande, D.S.G.I. for respondent No.1.
Shri S.N. Kumar, Advocate for respondent No.2 in WP Nos. 5473/2022 and
5475/2022.
Shri A.T. Purohit, Advocate for respondent No.3 in WP No. 5473/2022, for
respondent Nos. 3 and4 in WP No. 5475/2022 and for respondent Nos. 2 to 8 in WP No.
5474/2022.
CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.
DATE : SEPTEMBER 22, 2022.
Writ Petition No. 5474/2022 was not on board. It is taken on board.
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 is
Director and personal guarantor at M/s. Gupta Global Resources Pvt. Ltd. in Writ
Petition No. 5473/2022 and M/s. Gupta Coal (I) Pvt. Ltd. in Writ Petition No.
5474/2022. He is a Director in M/s. Gupta Energy Pvt. Ltd. in Writ Petition No.
5475/2022. The said Companies had availed financial assistance from the
respondent/ Banks. Proceedings for recovery of the outstanding dues of the
respective Companies are pending before the Debts Recovery Tribunal wherein
the petitioner is also impleaded.
Shri N.S. Deshpande, learned Deputy Solicitor General of India has
produced a Look Out Circular issued on behalf of respondent No.1 on the
request of the respective Banks. It is seen that the same is similar to the Look
Out Circular that was issued against the petitioner in Writ Petition Nos.
2827/2022, 2994/2022 and 2995/2022.
2 29-WP-5473-2022.odt
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 letters issued by
the Bank of Baroda, Mumbai, State Bank of India, the Punjab National Bank, the
Union Bank of India, Bank of India, Allahabad Bank, IDBI Bank and the Indian
Overseas Bank would remain stayed until further orders. The petitioner is
permitted to travel to Singapore from 30/9/2022 to 5/10/2022 subject to
furnishing undertaking as stated in paragraph 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 Singapore during the
said period. An undertaking be filed in this Court prior to the scheduled date of
departure.
Shri N.S. Deshpande, learned Deputy Solicitor General of India shall
communicate this order to respondent No.1. Similarly, the learned Counsel
representing the respective Banks to take necessary steps to facilitate the
petitioner's travel in terms of this interim order. In addition, the respective Banks
shall also communicate this order to the concerned Immigration Authorities at
Mumbai.
Put up along with Writ Petition Nos. 2827/2022, 2994/2022 and
2995/2022.
An authenticated copy of this order be supplied to the learned Counsel for
the parties.
(URMILA JOSHI-PHALKE, J.) (A. S. CHANDURKAR, J.)
SUMIT
Digitally signed bySUMIT CHETAN
AGRAWAL
Signing Date:22.09.2022 18:48
