Bombay High Court
Prakash Mehta And Anr vs Union Of India And Anr on 31 August, 2023
Bench: B.P. Colabawalla, M. M. Sathaye
2023:BHC-OS:9294-DB
6 IA(L)-20017-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 20017 OF 2023
IN
WRIT PETITION (L) NO. 12689 OF 2022
Prakash Mehta ...Applicant/
Petitioner No.1
In the matter between:
Prakash Mehta And Anr. ...Petitioners
Versus
Union Of India And Anr. ...Respondents
Mr. Dharmesh Joshi, for Applicant/Petitioner No.1.
Mrs. Savita Ganoo a/w. D.P. Singh, for UOI.
Mr. Nishit Dhruva a/w. Ms. Niyati Merchant, Mr. Yash Dhruva &
Mr. Harsh Sheth i/b. MDP & Partners, for Respondent Bank.
CORAM : B. P. COLABAWALLA &
M.M. SATHAYE, JJ.
DATE : AUGUST 31, 2023
P. C.
1. The above Writ Petition is filed by Petitioner No.1 and 2
challenging the Look Out Circular (for short "LOC") issued at the
instance of the Bank of Baroda against Petitioners. The above Interim
Application is filed by Petitioner No. 1 alone, seeking permission of this
Court to travel to Hong Kong from 05.09.2023 to 31.10.2023.
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2. The learned Advocate for the Applicant/Petitioner No.1
submitted that the Applicant/Petitioner No.1 seeks to travel on the
aforesaid dates because he is a Non-Resident Indian (NRI) and would
like to keep that status. He has a residence permit of Hong Kong and his
family also resides there. The purpose of his visit is also for visiting his
family in Hong Kong. The learned Advocate submitted that keeping
these facts in mind, this Court has, on previous occasions also, allowed
the Applicant/Petitioner No.1 to travel abroad. Those orders are
annexed to the above Interim Application.
3. The learned Advocate appearing on behalf of the Applicant/
Petitioner No.1 submitted that the above Writ Petition has already been
heard by another Division Bench of this Court along with a bunch of
Petitions in which the Judgment is reserved. He submitted that in these
facts, the Applicant be allowed to travel to Hong Kong from 05.09.2023
to 31.10.2023 on such terms and conditions as this Court may deem fit.
4. The learned Advocate appearing on behalf of the Bank of
Baroda vehemently opposed the aforesaid travel. He submitted that the
Applicant is a guarantor and amounts owed to the consortium of Banks
of which Bank of Baroda is part, is approximately Rs.3,000/- crores. He
submitted that the Applicant cannot be allowed to spend money on
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travel abroad when such huge outstandings are payable to the Banks.
He, therefore, submitted that the above Interim Application be
dismissed.
5. We have heard the learned counsel for the parties. It is now
well settled that the right to travel is recognized as a Fundamental Right
under Article 21 of the Constitution of India. This apart, it is not
disputed that there is no criminal action, either initiated or pending
against the Applicant/Petitioner No. 1. It would therefore not be prima
facie justified to refuse him to travel abroad. The Applicant/Petitioner
No. 1 has also been permitted to travel on previous occasions and he has
returned back to India without breaching any conditions imposed upon
him.
6. Considering these circumstances, we are of the view that
the Applicant/Petitioner No. 1 can be permitted to travel Hong Kong
between 05.09.2023 to 31.10.2023 and return back to India on or before
31.10.2023, subject to the following conditions:
(a) The Applicant/Petitioner No. 1 shall on affidavit, file an
undertaking in this Court setting out his entire travel
details including his airlines ticket, addresses where he
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proposes to stay as well as his contact details. This affidavit
shall be filed on or before 05.09.2023.
(b) The Applicant/Petitioner No. 1 shall also file an
undertaking in this Court stating that he will strictly adhere
to the itinerary mentioned in the said affidavit and shall
return back to India on or before 31.10.2023.
(c) The Applicant/Petitioner No. 1 shall also file an
undertaking not to apply for renewal or extension of this
order until he returns back to this Country.
7. Subject to the above conditions, LOC issued against the
Applicant/Petitioner No. 1 at the instance of the Bank of Baroda shall
stand suspended till 01.11.2023.
8. The immigration authorities at all ports of departure
including all airports will permit the Applicant/Petitioner No. 1 passage
and allow him to take his flights out of the country irrespective of
whether the Bank of Baroda has notified about it or not and irrespective
of whether this suspension is noted in the immigration authorities'
system or otherwise.
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9. 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.
10. Interim Application is disposed of in the aforesaid terms.
However, there shall be no order as to cost.
11. 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 31, 2023
Husen
Signed by: Husen Nadaf
Designation: PA To Honourable Judge
Date: 01/09/2023 18:57:46
