Bombay High Court
Babulal Khater vs Bureau Of Immigration And 4 Ors on 14 December, 2023
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2023:BHC-OS:14675-DB
11.ia(l).33088.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.33088 OF 2023
IN
WRIT PETITION NO.2058 OF 2023
Babulal Khater .. Applicant
In the matter of:-
Babulal Khater .. Petitioner
Versus
The Bureau of Immigration & Ors. .. Respondents
UTKARSH Mr.Bimal Rajesekhar, Advocate for the Applicant.
KAKASAHEB
BHALERAO Mr.D.P. Singh, Advocate for Respondent Nos. 1 & 5.
Digitally signed by
UTKARSH KAKASAHEB
BHALERAO
Date: 2023.12.15
11:15:48 +0530
Ms.Shama Shaikh a/w Akanksha Hambir i/b Rathina
Maravarman, Advocates for Respondent No.2.
Mr.Jamshed Ansari, Advocate for Respondent No.3.
Ms.Priya Nigwekar i/b O.A. Das, Advocates for Respondent
No.4.
CORAM : B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN, JJ.
DATE : DECEMBER 14, 2023
P. C.
1. The present Interim Application is filed seeking to travel to
Bahrain from 23rd December, 2023 to 30th December, 2023 and to Hong
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11.ia(l).33088.2023.doc
Kong from 10th January, 2024 to 29th February, 2024. The above Interim
Application is necessitated because Look Out Circulars have been issued
against the Applicant-Petitioner at the instance of Bank of Baroda as
well as Union Bank of India, and which Look Out Circulars are also
challenged in the above Writ Petition.
2. The learned counsel appearing on behalf of the Applicant-
Petitioner submitted that loans were advanced by Respondent Nos. 2, 3
and 4 (Bank of Baroda, Union Bank of India & Bank of India) to a
company in Hong Kong for which the Applicant-Petitioner stood as
guarantor. The Applicant and the said company have already been
declared bankrupt under the laws of Hong Kong. No monies have been
advanced to the Applicant-Petitioner by the Indian Branch of any of the
aforesaid 3 Respondent Banks. He submitted that he wishes to travel to
Bahrain from 23rd December, 2023 to 30th December, 2023 to attend the
marriage of his Grandson and thereafter to Hong Kong from 10 th
January, 2024 to 1st March, 2024 to visit his family. He is a permanent
resident of Hong Kong since 1974. 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,
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parties like the Applicant-Petitioner have been permitted to travel
abroad for business as well as personal reasons. He submitted that in
the facts of the present case there are no criminal proceedings either
initiated or pending against the Applicant-Petitioner. Considering that
the right to travel is recognized as a fundamental right under Article 21
of the Constitution of India, the Applicant-Petitioner be permitted to
undertake the aforesaid travel on such terms and conditions as this
Court may deem fit, was the submission.
3. On the other hand, the learned advocates appearing on
behalf of Bank of Baroda as well as Union Bank of India vehemently
opposed the grant of any permission to travel. They both submitted that
huge amounts are outstanding from the Applicant-Petitioner to their
respective banks Hong Kong branch. They, therefore, submitted that
until the aforesaid amounts are either paid or adequately secured, no
permission ought to be granted.
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 Applicant-Petitioner is a
permanent resident of Hong Kong since 1974. It is also not in dispute
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that he stood as a guarantor for a company which took loans from the
Respondent Banks albeit from their Hong Kong branch. There are no
monies due and payable by the Applicant-Petitioner to the aforesaid
Respondent Banks in India. Further more, there are no criminal
proceedings initiated or pending against the Applicant-Petitioner.
Further, the Applicant-Petitioner has been granted permission to travel
abroad on a previous occasion (by order dated 6 th December, 2022) and
the Applicant-Petitioner has returned back to India without breaching
any of the terms and conditions imposed upon him.
5. Looking at the totality of the facts of the present case, we
are of the view that the Applicant-Petitioner can be granted permission
to undertake travel to Bahrain as well as to Hong Kong on the following
terms and conditions:-
(a) The Applicant-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 along with
all other contact details. This undertaking shall also specifically
state that he shall first return back to India from Bahrain, on or
before 31st December, 2023, and thereafter from Hong Kong, on or
before 1st March, 2024.
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(b) The Applicant-Petitioner shall file another undertaking stating that
he shall not apply for renewal or extension of this order until he
returns back to India.
(c) Copies of both the aforesaid undertakings shall be served on the
advocates for Respondent Nos. 2, 3 & 4 before the date of
departure.
(d) Within 1 week of returning to India, namely, within 1 week from 1 st
March 2024, the Applicant-Petitioner shall file an affidavit setting
out the expenses incurred by him during the above travel and the
source/s of income used for funding the said expenses. This
affidavit shall also be served on the advocates for Respondent Nos.
2, 3 & 4 within a period of 1 week from 1st March, 2024.
6. Subject to above conditions, the Look Out Circular issued at
the instance of Bank of Baroda as well as Union Bank of India against
the Applicant-Petitioner stands suspended upto 1 st March, 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.
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7. The immigration authorities at all ports of departure,
including all airports, will permit the Applicant-Petitioner passage and
permit the Applicant-Petitioner to take his flights out of the country
irrespective of whether Bank of Baroda and Union Bank of India have
notified them or not and irrespective of whether this permission is
noted in the immigration authorities' systems or otherwise.
8. 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.
9. The Interim Application is accordingly disposed of.
However, there shall be no order as to costs.
10. 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 14, 2023
Utkarsh
