Bajranglal S/O Bankatlal Maloo ... vs Bureau Of Immigration Ministry Of ...
2023 Latest Caselaw 3853 Bom

 901-WP-2267-23.odt                                          1



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                           NAGPUR BENCH : NAGPUR.
                               WRIT PETITION NO.2267 of 2023
                            Bajranglal Bankatlal Maloo and another
                                                vs.
             Bureau of Immigration, Ministry of Home Affairs, New Delhi and another.
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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
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        Shri R.H.Agrawal, Advocate for petitioners.
        Shri N. S. Deshpande, Deputy Solicitor General of India for respondent no.1.
        Shri A.T.Purohit, Advocate for respondent no.2.

        CORAM :- A.S.CHANDURKAR AND M. W. CHANDWANI, JJ.

DATE :- 18th APRIL, 2023

Leave to amend the prayer clause is granted. Amendment be carried out forthwith.

2. The petitioners are facing proceedings before the Debts Recovery Tribunal that have been filed by the respondent no.2- Creditor. The petitioner no.1 is a Director of M/s Murli Industries Limited while the respondent no.2 is a guarantor therein. The petitioners intend to travel 'Dubai'-United Arab Emirates from 19.04.2023 to 26.04.2023 for attending a family function. In that regard, a representation dated 29.03.2023 was made to the respondent no.1. In the aforesaid backdrop, the present writ petition has been filed seeking appropriate directions in that regard.

3. It is informed by Shri N.S.Deshpande, learned Deputy Solicitor General of India for the respondent no.1 that Look Out Circular has been issued at the instance of the respondent no.2-Creditor. Perusal of the said Look Out Circular indicates that the same has been issued pursuant to communication dated 30.11.2019 issued by the respondent no.2 since said respondent has to recover its dues. There is however no reference to any offence registered against the petitioners.

4. We have heard the learned counsel for the parties on the question of grant of interim relief. We may note that similar issue was considered by this Court in Writ Petition No. 2826 of 2022 ( Anurag Padmesh Gupta vs. Bank of India and another) decided on 07.06.2022. In that writ petition, it has been held that Debts Recovery Tribunal has no statutory power to restrain a person from leaving the country. It is noted that in the proceedings before the Debts Recovery Tribunal, on 16.05.2016 it was directed that unless such permission is granted by the Tribunal, the defendants therein would not be able to leave the country. In paragraph 5 of the writ petition it has been stated that such permission was sought by the petitioners immediately after filing the written statement and that application came to be rejected. Since the debt in question exceeds Rs.100 Crores and as the Notification dated 04.10.2022 has now been stayed, the present proceedings are not being entertained by the Debts Recovery Tribunal.

5. This Court has passed similar interim orders in various proceedings and the contentions raised have been considered in detail. In view of the judgment in Anurag Padmesh Gupta (surpra), while granting similar permission to travel abroad, this Court has required the petitioners therein to furnish undertaking giving details of their Flights as well as Mobile Numbers with active Sim Cards. Such an undertaking has been accordingly furnished by the petitioners, which is taken on record and marked 'A' for identification.

6. In view of aforesaid, the petitioners are permitted to undertake travel for Dubai (UAE) between 19.04.2023 and 25.04.2023. The undertaking dated 18.04.2023 as submitted would be binding on the petitioners. The parties shall act in accordance with the undertaking.

7. Shri N.S.Deshpande, learned Deputy Solicitor General of India shall communicate this order to the respondent no.1 and Shri A.T.Purohit, learned counsel for the respondent no.2 to communicate this order to the respondent no.2 to facilitate travel of the petitioners in terms of this order.

The parties shall act on the authenticated copy of this order.

8. Stand over to 27.04.2023.

             (M. W. CHANDWANI, J.)                    (A.S.CHANDURKAR, J.)




 Andurkar.