Bombay High Court
Deepak Prabhakar Tikekar vs Bank Of Baroda Stressed Assets Recovery ... on 12 December, 2023
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
14.WPL.33968.23.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.33968 OF 2023
Deepak Prabhakar Tikekar ..Petitioner
ANJALI Digitally signed by
ANJALI TUSHAR
TUSHAR ASWALE
Date: 2023.12.12
ASWALE 15:34:04 +0530
Versus
Bank of Baroda & Anr ..Respondents
Mr.P.G.Sabnis, with Ms.Kashmira Khedekar, Advocates
for the Petitioner.
Mr.S. K. Halwasia, Advocates for Respondent No.2.
Ms.Akanksha Hambir i/b Rathina Maravarman,
Advocates for Respondent No.1.
CORAM : B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN, JJ.
DATE : DECEMBER 12, 2023
P.C.
The above Writ Petition is filed by the Petitioner
challenging the Look Out Circular issued against the Petitioner at
the instance of Respondent No.1 (Bank of Baroda). The interim
relief sought in the above Writ Petition is for permission to travel
to Australia from 10th December, 2023 to 10th February, 2024 to
visit the daughter of the Petitioner. The learned counsel appearing
on behalf of the Petitioner submitted that the above relief is sought
because a Look Out Circular has been issued at the instance of
Bank of Baroda against the Petitioner, and which Look Out
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14.WPL.33968.23.DOC
Circular is also assailed in the above Writ Petition. He submitted
that the issues similar to the ones 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.
He submitted that in the interregnum, parties like the Petitioner
have been permitted to travel abroad for business as well as
personal reasons, subject to certain terms and conditions being
imposed. Considering that the right to travel is recognized as
fundamental right under Article 21 of the Constitution of India, he
submitted that the Petitioner be permitted to travel to Australia to
visit his daughter. This is more so when no criminal proceedings
are either initiated or pending against the Petitioner, was the
submission.
2 On the other hand, the learned advocate appearing on
behalf of Bank of Baroda, submitted that huge amounts are dues
from the Petitioner (approximately Rs.133 Crores) in his capacity
as a Guarantor. Considering that such large amounts are due and
payable, no permission ought to be granted to the Petitioner
unless the aforesaid dues are either paid or adequately secured.
3 We have heard the learned counsel for the parties.
We have also perused the papers and proceedings in the above
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14.WPL.33968.23.DOC
Writ Petition. It is now well settled that the right to travel is
recognized as fundamental right under Article 21 of the
Constitution of India. When one takes this into consideration,
coupled with the fact that no criminal proceedings are either
initiated or pending against the Petitioner, we are of the opinion
that the Petitioner can be granted permission to travel to Australia
to visit his daughter from 18th December, 2023 to 10th February,
2023, subject to the following conditions:-
(a) The Petitioner shall file an undertaking in this Court setting
out the detailed itinerary for the above travel, including his
airlines tickets and address/s where he would be staying in
Australia along with all other contact details. The said
undertaking shall also state that he shall strictly adhere to
the aforesaid itinerary and return back to India on or before
11th February, 2024.
(b) The Petitioner shall file another undertaking stating therein
that he shall not 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 the Bank of Baroda as well as the advocates
appearing for Immigration Authorities before the date of
departure.
(d) Within one week of returning to India, namely, within one
week from 11th February, 2024, the Petitioner shall file an
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affidavit setting out 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 the Bank of Baroda within a
period of one week from 11th February, 2024.
4 Subject to above conditions, the Look Out Circular
issued at the instance of the Bank of Baroda against the Petitioner
stands suspended upto 11th February, 2024. It is clarified that this
order does not apply to any other Look Out Circular and/or
restraint order, if any, issued by any other
Authority/Agency/Bank/Court.
5 The immigration authorities at all ports of departure,
including all airports, will permit the Petitioner passage and
permit the Petitioner to take his flights out of the country
irrespective of whether the Bank of Baroda have notified them or
not and irrespective of whether this permission is noted in the
immigration authorities' systems or otherwise.
6 The immigration authorities will not insist upon a
certified copy of this order but will act on presentation of an
authenticated or digitally signed copy of this order.
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7 The Respondents are at liberty to file their affidavit in
reply to the above Writ Petition within a period of four weeks from
today and serve a copy of the same on the advocates for the
Petitioner.
8 Place the above Writ Petition on Board for admission
on 23rd January, 2024.
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 12, 2023
Aswale
