Bombay High Court
Deven Jitendra Mehta And Anr vs Union Of India And 3 Ors on 4 December, 2023
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2023:BHC-OS:14126-DB
5.ia(l).32927.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.32927 OF 2023
IN
WRIT PETITION (L) NO.25849 OF 2023
Deven Jitendra Mehta & Anr. .. Applicants/
Org.Petitioners
IN THE MATTER BETWEEN:
Deven Jitendra Mehta & Anr. .. Petitioners
Versus
Union of India & Ors. .. Respondents
Mr.Yash Dhakad i/b Neuty Thakkar, Advocates for the
UTKARSH
KAKASAHEB Applicants/Petitioners.
BHALERAO
Digitally signed by
UTKARSH KAKASAHEB
BHALERAO
Mrs.Leena Patil, Advocate for Respondent Nos. 1 & 3.
Date: 2023.12.04
14:48:31 +0530
Mr.Subir Kumar a/w Janhavi Hirlekar i/b SDS, Advocates
for Respondent No.4.
Ms.Jyoti Chavan, AGP for Respondent-State.
CORAM : B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN, JJ.
DATE : DECEMBER 04, 2023
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Utkarsh
5.ia(l).32927.2023.doc
P. C.
1. The above Interim Application is filed by the
Applicants/Petitioners seeking permission to travel to the United
Kingdom (London) from 5th December, 2023 to 11th December, 2023.
Applicant No.1 seeks to travel for the purposes of business and
Applicant No.2, who is the wife of Applicant No.1 is seeking to
accompany him on the aforesaid trip. The above Interim Application is
necessitated because a Look Out Circular is issued against the
Applicants/Petitioners at the instance of State Bank of India. We must
note that along with the Look Out Circular, the Office Memorandums
issued by the Government of India from time to time have also been
challenged in the above Writ Petition.
2. The learned advocate appearing on behalf of the
Applicants/Petitioners submitted that the issues raised in the above
Writ Petition have already been heard by the another Division Bench of
this Court (in a bunch of other Writ Petitions) and the judgment is
reserved. He submitted that in the interregnum, parties like the
Applicants/Petitioners have been permitted to travel for business as
well as for personal reasons subject to certain terms and conditions
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being imposed. The learned advocate for the Applicants/Petitioners
submitted that in the past also the Applicants/Petitioners have been
granted permission to travel abroad and they have returned back to
India without breaching any of the terms and conditions imposed upon
them. He submitted that no criminal proceedings are either initiated or
pending against the Applicants/Petitioners. In these circumstances, he
submitted that the Applicants/Petitioners be granted permission to
travel to the U.K. from 5th December, 2023 to 11th December, 2023 on
such terms and conditions as this Court may deem fit.
3. On the other hand, the learned advocate appearing on
behalf of State Bank of India, submitted that huge amounts are due and
payable by the principal borrower (about 45 Crores), and for which the
Applicants/Petitioners herein have stood as guarantors. He submitted
that not only huge monies are owed to State Bank of India but also to
other Non Banking Financial Companies (NBFCs) and Financial
Institutions. In this regard he brought to our attention that Tata Capital
Financial Services Limited has initiated proceedings against Petitioner
No.1 under Section 95 of the Insolvency and Bankruptcy Code, 2016. He
submitted that this has been suppressed in the Writ Petition as well as
in the above Interim Application. He therefore submitted that until the
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dues of State Bank of India are either paid or secured, no permission
should be granted to the Petitioners to undertake any travel abroad.
4. We have heard the learned counsel for the parties. We have
also perused the papers and proceedings in the above Interim
Application. It is not in dispute that the issues raised in the above Writ
Petition have already been heard by another Division Bench of this
Court (in a bunch of other Writ Petitions) and the judgment is reserved.
It is also not in dispute that in the interregnum, parties like the
Petitioners have been permitted to travel abroad subject to certain
terms and conditions being imposed by the Court. Considering that the
right to travel is recognized as a fundamental right under Article 21 of
the Constitution of India, coupled with the fact that there are no
criminal proceedings, either initiated or pending against the
Applicants/Petitioners, we are of the opinion that the
Applicants/Petitioners can be granted permission to travel to the United
Kingdom (London) from 5th December, 2023 to 11th December, 2023
subject to the following conditions:-
(a) The Applicants/Petitioners have each filed a separate affidavit-
cum-undertaking dated 2nd December, 2023 in which not only the
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detailed Itinerary is set out but they have also undertaken that
they shall return back to India on or before 12 th December, 2023
and that they shall not apply for renewal or extension of this
Order until they return back to India. The affidavit-cum-
undertaking of both the Applicants/Petitioners are taken on
record. We are also informed that a copy of the same has been
served upon the advocates for the State Bank of India. We direct
that the Applicants/Petitioners shall strictly abide by the Itinerary
more particularly mentioned in their respective affidavit-cum-
undertaking, both dated 2nd December, 2023.
(b) Considering that Applicant No.1/Petitioner No.1 is traveling for
business purposes, within 1 week of returning to India, namely
within 1 week from 12th December, 2023, Applicant
No.1/Petitioner No.1 shall file an affidavit explaining the business
meetings he held during the above travel and with whom,
together with contact details of the persons he met and the details
of the business he was able to generate, if any.
(c) The Applicants/Petitioners shall also, within 1 week from 12th
December, 2023, file a separate affidavit stating the expenses
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incurred by them during the above travel and the source/s of
income used for funding the said expenses.
(d) Both the aforesaid affidavits shall be served on the advocates for
State Bank of India within a period of 1 week from 12 th December,
2023.
5. Subject to the above conditions, the Look Out Circular
issued at the instance of State Bank of India against the
Applicants/Petitioners is suspended upto 12 th December, 2023. It is
clarified that this order does not apply to any other Look Out Circular
and/or restraint order, if issued by any other
Authority/Court/Agency/Bank.
6. The immigration authorities at all ports of departure,
including all airports, shall permit the Applicants/Petitioners passage
and allow them to take their flights out of the country irrespective of
whether State Bank of India has notified the authorities or not and
irrespective of whether this suspension is noted in the immigration
authorities' systems or otherwise.
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7. The immigration authorities shall 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 above Interim Application is accordingly disposed of.
However, 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.
[SOMASEKHAR SUNDARESAN,J.] [B.P.COLABAWALLA, J.]
DECEMBER 04, 2023
Utkarsh
