Bombay High Court
Rajeev Vasant Sheth vs Union Of India on 29 August, 2023
Bench: B.P. Colabawalla, M. M. Sathaye
2023:BHC-OS:9127
11 ial 23776-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 23775 OF 2023
IN
WRIT PETITION (L) NO. 23159 OF 2023
Rajeev Vasant Sheth .. Applicant/ Petitioner
Versus
Union of India and ors. .. Respondents
Dr.Abhinav Chandrachud a/w Karma Vivan and Girish Thanvi
i/b Arkesh Ayyagari, Advocates for the Applicant/Petitioner.
Ms. Leena Patel, Advocates for Respondent Nos. 1 and 2.
CORAM : B. P. COLABAWALLA &
M.M. SATHAYE, JJ.
DATE : AUGUST 29, 2023
P. C.
1. Dr. Chandrachud, the learned counsel appearing on behalf of
Petitioner tenders a draft amendment to the above writ petition to
also challenge the Office Memorandum dated 22.02.2021 and which
has been issued by Respondent Nos. 1 and 2.
2. Considering that this is a pre-admission amendment, we do
not find any impediment in allowing the same. Draft amendment is
taken on record and marked "X" for identification. The Petitioner is
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permitted to amend the writ petition in terms of the draft
amendment. The amendments shall be carried out within a period of
one week from today and the amended copy of the writ petition shall
be served on all the Respondents within a period of one week
thereafter. Re-verification is dispensed with.
3. The above writ petition is filed challenging the lookout circular
issued against the Petitioner above named. The above Interim
Application is filed seeking permission to travel abroad for business
purposes to five countries viz. Switzerland, Poland, Latvia, Romania
and Spain. The travel dates are from 05.09.2023 to 30.09.2023. Dr.
Chandrachud, submitted that the lookout circular in the instance
case has been issued by Bank of Baroda and which is a subject matter
of the above writ petition. He submitted that a batch of writ petitions
challenging the lookout circular issued by the Banks and the
Financial Institutions was heard at length by an another Division
Bench of this Court and the judgment has been reserved. He
submitted that the outcome of this writ petition will also have to
abide by the judgment, which is reserved by the Bench of Justice G.S.
Patel, J. and Justice Madhav Jamdar, J. He submitted that in the
interregnum, parties have approached this Court time and again
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seeking a suspension of the Lookout circular and permission to travel
abroad and which has been granted from time-to-time. As far as the
present Applicant/Petitioner is concerned, he is approaching this
Court to travel abroad for the first time. He submitted that the
Applicant/Petitioner is traveling abroad for the purposes of business
and he be allowed to travel subject to such terms and conditions as
this Court may deem fit.
4. We have heard Dr. Chandrachud at some length. Bank of
Baroda [Respondent No.3] has not appeared today despite service.
To prove service on Bank of Baroda, Dr. Chandrachud has filed two
affidavits of service, both dated 28.08.2023. After going through the
said affidavits, we are satisfied that Bank of Baroda has been duly
served. We find that in fact in few matters [some orders passed by
this Bench itself], the parties like the Petitioners have been permitted
to travel abroad for business, subject to terms and conditions laid
down by this Court. In these circumstances, we are of the opinion
that the Applicant/Petitioner can be permitted to travel abroad for
business purposes subject to the following conditions:
a) The Applicant/Petitioner shall file an undertaking in this
Court that he shall travel abroad commencing from 05.09.2023 and
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shall return back to India on or before 30.09.2023. The undertaking
shall also state that he shall strictly adhere to the itinerary mentioned
at Exhibit B [page 22] of the above Interim Application. The contact
details and addresses overseas shall also be furnished in the said
undertaking.
b) The Applicant/Petitioner shall also file an additional
undertaking not to apply for renewal or extension of this order until
he returns back to India.
c) Within one week of returning to India, namely within
one week from 30.09.2023, the Applicant/Petitioner shall file a
separate affidavit explaining the business meetings which he held
and with whom, together with the contact details of the persons he
met and the details of the business he was able to generate, if any.
We are of the considered view that this condition is necessary
because considerable monies are owed to the Bank [approximately
Rs.700 crores] and we do not wish that parties who are borrowers or
guarantors should travel for enjoying holidays while the dues of the
Bank are still outstanding and not paid.
5. Subject to these conditions, the Look Out Circular issued
against the Petitioner shall be suspended upto 30.09.2023.
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6. The immigration authorities at all ports of departure including
all airports will permit the Applicant passage and permit him to take
his flights out of the country irrespective of whether the Bank of
Baroda has notified them or not and irrespective of whether this
suspension is noted in the immigration authorities' system or
otherwise.
7. The immigration authorities will not insist upon a certified
copy of this order but will act on the presentation of an authenticated
or digitally signed copy of this order.
8. The Interim Application is disposed of in the aforesaid terms.
There shall be no order as to costs.
9. This order will be digitally signed by the Private
Secretary/ Personal Assistant of this Court. All concerned will act on
production by fax or email of a digitally signed copy of this order.
[ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.]
AUGUST 29, 2023
Signed by: Mrs Sneha N Chavan Sneha Chavan
Designation: PS To Honourable Judge
Date: 30/08/2023 18:28:01
