Bombay High Court
Rasiklal Bhuralal Salla vs Saroj Rasiklal Salla And 6 Ors on 7 November, 2023
Bench: B.P. Colabawalla, M. M. Sathaye
2023:BHC-OS:13424-DB
(3)21-IA(L)-31067-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 31067 OF 2023
IN
WRIT PETITION (ST) NO. 26789 OF 2023
Rasiklal Bhuralal Salla ...Applicant
IN THE MATTER BETWEEN
Rasiklal Bhuralal Salla and Ors ...Petitioners
Versus
Reserve Bank of India and Ors. ...Respondents
Mr. Saurabh Utangale, i/by Utangale & Co. Advocates for
Applicant/Petitioner.
Mr. Aditya Sangoram, i/by S.K. Singhi & Partners LLP
Advocates for Respondent No. 2.
Digitally
signed by
TALLE
SHUBHAM
Mr. Rahul Tiwari, Advocates for Respondent No. 3 & 4
TALLE
SHUBHAM ASHOKRAO
ASHOKRAO Date:
2023.11.09
14:35:56
+0530 CORAM : B. P. COLABAWALLA &
M.M. SATHAYE, JJ.
DATE : NOVEMBER 7, 2023
P. C.
1. The above Interim Application is filed by the Applicant/Original
Petitioner No. 1 seeking permission of this Court to travel to Detroit,
Michigan, USA between 14th November, 2023 to 6th February, 2024. The
aforesaid travel is being undertaken by the Applicant/Original
Petitioner No. 1 to visit his son's [Mr. Prashant Salla's] engagement
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ceremony scheduled to be held on 20th November, 2023 and his
marriage on 20th December, 2023.
2. This Interim Application is necessitated because a Look Out
Circular (for short "LOC") has been issued against the
Applicant/Original Petitioner No. 1 at the instance of Bank of Baroda.
The above Writ Petition challenges this very same LOC as well as the
Office Memorandum issued by the Government of India from time to
time.
3. The learned Advocate appearing on behalf of the Applicant
submitted that the issues raised in the above Writ Petition are already
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 Applicant/Original Petitioner No. 1 have
been granted permission to travel abroad for business as well as
personal reasons. He submitted that in the facts of the present case,
there are criminal proceedings pending against the Applicant/Original
Petitioner No. 1 at the instance of DCP Zone-II and at whose instance
also, a Look Out Circular has been issued. The learned Counsel
submitted that by this order he is only asking for suspension of the Look
Out Circular issued at the instance of Bank of Baroda and not the one
issued at the instance of DCP Zone-II. For that he will adopt
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independent proceedings. The learned Counsel therefore submitted that
the Applicant/Original Petitioner No. 1 be granted permission to travel
to Detroit, Michigan, USA to attend his Son's engagement and wedding.
4. On the other hand the learned Counsel appearing on behalf of the
Respondent No. 2 / Bank of Baroda submitted that huge amounts of
approximately Rs. 30 Crores are outstanding, and which are due and
payable to the Bank by the Applicant/Original Petitioner No. 1 in his
capacity as a guarantor. He submitted that until the dues of the Bank are
either paid or adequately secured, no permission ought to be granted.
He further submitted that there are criminal proceedings pending
against the Applicant/Original Petitioner No. 1 and this is another
reason why he should not be permitted to travel abroad.
5. We have heard the learned Counsel for the parties. We have also
perused the papers and proceedings. 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 Applicant/Original Petitioner No. 1, have been granted
permission to travel abroad for business as well as personal reasons. In
the facts of the present case, even if criminal proceedings are pending
against the Applicant/Original Petitioner No. 1, the concerned authority
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is free to initiate/press their action and this application is only being
considered in respect of the LOC issued at the instance of the Bank. In
light of the fact that right to travel has been recognized as a fundamental
right under Article 21 of the Constitution of India, we are of the opinion
that the Applicant/Original Petitioner No. 1 can be granted permission
to travel to Detroit, Michigan, USA between 14 th November, 2023 to 6 th
February, 2024 subject to the following terms and conditions :
(a) The Applicant/Original Petitioner No. 1 shall file an
undertaking in this Court that he will strictly adhere to the
itinerary more particularly set out at Exhibit-A to the above
Interim Application and that he shall return back to India on or
before 6th February, 2024.
(b) The Applicant/Original Petitioner No. 1 shall also file an
undertaking not to apply for renewal or extension of this Order
until he returns back to this Country.
(c) All the aforesaid undertakings shall be served on the
Advocates for Bank of Baroda before the date of departure.
(d) Within 1 week of returning to India, i.e. within 1 week from
6th February, 2024, the Applicant/Original Petitioner No. 1 shall
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file a separate affidavit stating 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 Bank of Baroda within 1 week from 6th
February, 2024.
6. Subject to the above conditions, the LOC issued against the
Applicant/Original Petitioner No. 1 at the instance of the Bank of
Baroda is suspended upto 6th February, 2024. It is clarified that this
Order does not apply to any other LOC or restraint order, if issued by
any other Authority/ Court/ Agency/ Bank, including the DCP, Zone-II.
7. The immigration authorities at all ports of departure, including all
airports, will permit the Applicant/Original Petitioner No. 1 passage and
allow him to take his flights out of the country irrespective of whether
Bank of Baroda has notified the authorities or not and irrespective of
whether this suspension is noted in the immigration authorities' system
or otherwise.
8. The immigration authorities will 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.
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9. The above Interim Application is disposed of in the aforesaid
terms. 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.
[ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.]
NOVEMBER 7, 2023
Shubham Talle
