Shamik Apparao vs Mamta Kishore Apparao And 5 Ors
2023 Latest Caselaw 12368 Bom

Citation : 2023 Latest Caselaw 12368 Bom
Judgement Date : 7 December, 2023

Bombay High Court

Shamik Apparao vs Mamta Kishore Apparao And 5 Ors on 7 December, 2023

Author: B. P. Colabawalla

Bench: B. P. Colabawalla

2023:BHC-OS:14346-DB

                                                                                 9.IAL.33967.2023.doc



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION


                                INTERIM APPLICATION (L) NO.33967 OF 2023
                                                  IN
                                     WRIT PETITION NO.621 OF 2022

               Shamik Apparao                                          ...Applicant/Petitioner
               No.2

               IN THE MATTER BETWEEN

               Mamta Kishore Apparao & Anr.                            ...Petitioners

                          Versus

               Bank of Baroda & Ors.                                   ...Respondents


                    Mr. Dikshit Mehta a/w. Honey Chandani i/b. Rajani
                    Associates, Advocates for Applicant/Petitioner No.2.

                    Mr. H.R. Kar i/b. Interjuris, Advocate for Respondent No.1.

                    Mr. Dhaval Patil a/w. Mr. Najafiya B. i/b. K. Ashor & Co.,
                    Advocates for Respondent No.3.

                    Mrs. Savita Ganoo a/w. Mr. D.P. Singh, Advocates for
                    Respondent Nos.4 and 5.



                                           CORAM      : B. P. COLABAWALLA &
                                                       SOMASEKHAR SUNDARESAN, JJ.

                                           DATE       : DECEMBER 07, 2023

               P. C.

1. This Interim Application is filed by the Applicant/Petitioner

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No.2 seeking permission to travel to Singapore from 11 th December,

2023 to 13th December, 2023 for business purposes. The above

Interim Application is necessitated because a Look Out Circular has

been issued against the Applicant/Petitioner No.2 at the instance of

Bank of Baroda, and which circular is also challenged in the above

Writ Petition.

2. Mr. Mehta, the learned Counsel appearing on behalf of the

Applicant/Petitioner No.2 submitted that the Applicant/Petitioner

No.2 has been granted permission to travel abroad on several

previous occasions and he has returned back to India without

breaching any of the terms and conditions imposed upon him.

Further, he submitted that to the best of the knowledge of the

Applicant/Petitioner No.2, no criminal proceedings are either

initiated or pending against him. In these circumstances, he

submitted that the Applicant/Petitioner No.2 be permitted to travel

to Singapore from 11th December, 2023 to 13th December, 2023 on

such terms and conditions as this Court may deem fit.

3. On the other hand, the learned Counsel appearing on behalf

of Bank of Baroda vehemently opposed the above Interim

Application. He submitted that the Applicant/Petitioner No.2 has

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9.IAL.33967.2023.doc

been declared as willful defaulter in February 2021 and a huge

amount [Rs.124 crores] is outstanding from principal borrower

[TAG Offshore Ltd.] and for which dues, the Applicant/Petitioner

No.2 has stood as a guarantor. In these circumstances, he submitted

that the Applicant/Petitioner No.2 ought not to be granted any

permission to travel abroad unless the dues of the Bank are paid

and/or adequately secured.

4. We have 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

petition are subjudice before this Court in a bunch of other petitions

and which have been heard by another Division Bench and the

Judgment is reserved. It is also not in dispute that in the

interregnum, parties like the Applicant/Petitioner No.2 have been

permitted to travel abroad for business as well as personal reasons.

In the facts of the present case, the Applicant/Petitioner No.2

himself has been granted permission to travel abroad on several

previous occasions and he has returned back to India without

breaching any of the terms and conditions imposed upon him.

Further, in the facts of the present case, no criminal proceedings

have been brought to our attention that are either initiated or

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9.IAL.33967.2023.doc

pending against the Applicant/Petitioner No.2. Considering these

circumstances, we are of the opinion that the Applicant/Petitioner

No.2 can be granted permission to travel to Singapore from 11 th

December, 2023 to 13th December, 2023 on the following terms and

conditions:

a] The Applicant/Petitioner No.2 shall file an undertaking

setting out a detailed itinerary of the above travel including the

addresses of the hotels where he would be staying along with

other contact details. This undertaking shall also state that the

Applicant/Petitioner No.2 shall return back to India on or

before 14th December, 2023.

(b) The Applicant/Petitioner No.2 shall also file an undertaking

not to apply for renewal or extension of this order until he

returns back to India.

(c) Both the aforesaid undertakings shall be served on the

Advocates for Bank of Baroda before the date of departure.

(d) Considering that the Applicant/Petitioner No.2 is traveling

for business purposes, within one week from 14th December,

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2023, he shall file a separate affidavit explaining the business

meetings which he held during the above travel 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. In this

affidavit, the Applicant/Petitioner No.2 shall also state the

expenses incurred by him during the above travel and the

source/s of income used for funding the said expenses with

necessary proof. This affidavit shall also be served on the

Advocates for Bank of Baroda within a period of one week from

14th December, 2023.