Vinod Jagdish Agarwal vs Bank Of Baroda And Anr
2023 Latest Caselaw 11366 Bom

        2023:BHC-OS:13357-DB


                                                                                       10.ia(l).30656.2023.doc



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

                                 INTERIM APPLICATION (L) NO.30656 OF 2023
                                                                   IN
                                           WRIT PETITION NO.2748 OF 2022

                      Vinod Jagdish Agarwal                                      .. Applicant

                      IN THE MATTER BETWEEN:

                      Vinod Jagdish Agarwal                                      .. Petitioner

                                Versus

UTKARSH               Bank of Baroda & Anr.                                      .. Respondents
KAKASAHEB
BHALERAO
Digitally signed by
UTKARSH KAKASAHEB          Mr.Prathamesh Seth a/w Sheldon D'souza i/b Naveen
BHALERAO
Date: 2023.11.08
18:43:15 +0530             Vishwakarma, Advocates for the Applicant-Petitioner.

                           Ms.Hema Desai i/b Key Legal & Co., Advocate for
                           Respondent No.1.

                                                        CORAM           : B. P. COLABAWALLA &
                                                                         M.M. SATHAYE, JJ.

                                                        DATE            : NOVEMBER 06, 2023

                      P. C.

1. The above Writ Petition is filed challenging the Look Out

Circular issued at the instance of Bank of Baroda on the grounds more

particularly set out in the Writ Petition. The above Interim Application

is filed by the Applicant-Petitioner seeking permission to travel abroad

NOVEMBER 06, 2023 Utkarsh

10.ia(l).30656.2023.doc

for business purpose as the Look Out Circular has been issued against

him at the instance of Bank of Baroda.

2. The learned advocate appearing on behalf of the Applicant-

Petitioner submitted 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. In the

interregnum, parties like the Applicant-Petitioner have been permitted

to travel abroad for business as well as personal reasons. The learned

counsel submitted that in the facts of the present case no criminal

proceedings are either initiated or pending against the Applicant-

Petitioner. He therefore prayed that the Petitioner be allowed to travel

to USA from 2nd December, 2023 to 17th December, 2023 on such terms

and conditions as this Court may deem fit.

3. The learned advocate appearing on behalf of Bank of

Baroda vehemently opposed the grant of the aforesaid permission. She

submitted that in the facts of the present case the Petitioner owes the

Respondent-Bank an amount in excess of Rs.20 Crores. This being the

position, the Petitioner ought not to be granted permission to travel

NOVEMBER 06, 2023 Utkarsh

10.ia(l).30656.2023.doc

abroad until the amounts due to the Respondent (Bank of Baroda) are

either paid or adequately secured.

4. We have heard the learned counsel for the parties at some

length. 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 bunch of other Writ Petitions, and the judgment is

reserved. It is also not in dispute that in the interregnum, parties like

the Applicant-Petitioner have been permitted to travel abroad for

business as well as personal reasons. In the facts of the present case, as

per the statement of the Applicant-Petitioner, no criminal proceedings

have been either initiated or pending against the Applicant-Petitioner.

Considering that the right to travel has now been recognized as

fundamental right under Article 21 of the Constitution of India, we are

of the opinion that the Applicant-Petitioner can be permitted to travel to

USA from 2nd December, 2023 to 17th December, 2023 subject to the

following conditions:-

(a) The Applicant-Petitioner shall file an undertaking setting out a detailed Itinerary of the Applicant-Petitioner in relation to Airline Tickets, Hotels/Accommodations where he would be staying, along with other contact details. The undertaking

NOVEMBER 06, 2023 Utkarsh

10.ia(l).30656.2023.doc

shall also state that he will strictly adhere to the said itinerary and shall return back to India on or before 18 th December, 2023.

(b) The Applicant-Petitioner shall also file another undertaking not to apply for renewal or extension of this order until he returns back to India.

(c) Copies of both the undertakings shall be served upon the advocates for the Bank of Baroda before the date of departure.

(d) The Applicant-Petitioner shall travel only in Economy Class.

(e) Considering that the Applicant-Petitioner is traveling for business purposes, we direct that within 1 week after returning to India, namely, within 1 week from 18 th December, 2023 the Applicant-Petitioner shall file a separate affidavit setting out the business meetings he held and with whom, together with the contact details of the persons he met and the business he was able to generate, if any. This affidavit shall also set 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 Bank of Baroda within 1 week from 18th December, 2023.

5. Subject to the above conditions, the Look Out Circular

issued at the instance of Bank of Baroda against the Applicant-

Petitioner is suspended upto 18th December, 2023. It is clarified that this

NOVEMBER 06, 2023 Utkarsh

10.ia(l).30656.2023.doc

order does not apply to any other Look Out Circular and/or restraint

order, if any, issued by any other Authority/Agency/Bank/Court.

6. The immigration authorities at all ports of departure,

including all airports, will permit the Applicant-Petitioner passage and

allow him to take his flights out of the country irrespective of whether

Bank of Baroda has notified them or not and irrespective of whether this

suspension is noted in the immigration authorities' systems or

otherwise.

7. 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.

8. The Interim Application is accordingly disposed of in the

aforesaid terms. 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.

[ M.M. SATHAYE, J.]                             [ B. P. COLABAWALLA, J.]

                                     NOVEMBER 06, 2023
Utkarsh