Bombay High Court
Saroj Rasiklal Salla vs Rasiklal Bhuralal Salla And 7 Ors on 7 November, 2023
Bench: B.P. Colabawalla, M. M. Sathaye
2023:BHC-OS:13421-DB
(1)21-IA(L)-31020-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 31020 OF 2023
IN
WRIT PETITION (L) NO. 26789 OF 2023
Saroj Rasiklal 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
TALLE Applicant/Petitioner.
SHUBHAM
ASHOKRAO
Mr. Aditya Sangoram, i/by S.K. Singhi & Partners LLP
Digitally signed by Advocates for Respondent No. 2.
TALLE SHUBHAM
ASHOKRAO
Date: 2023.11.09 Mr. Rahul Tiwari, Advocates for Respondent No. 3 & 4.
14:47:56 +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. 2 seeking permission of this Court to travel to Detroit,
Michigan, United States of America between 14th November, 2023 to 6th
February, 2024. The aforesaid travel is being undertaken by the
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Applicant/Original Petitioner No. 2 to visit her son's [Mr. Prashant
Salla's] engagement ceremony scheduled to be held on 20 th November,
2023 and his marriage on 20th December, 2023. She also seeks to travel
because she is under medical treatment of Doctors in USA for having
Parkinson's and nerves burning in her left leg and she needs to undergo
further medical treatment for the same.
2. The learned Advocate appearing on behalf of the
Applicant/Original Petitioner No. 2 submitted that the above Writ
Petition is filed challenging the Look Out Circular issued against the
Petitioners at the instance of Bank of Baroda. He brought to our
attention 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, 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 no criminal proceedings
either initiated or pending against the Applicant/Original Petitioner No.
2. Considering that right to travel is recognized as a fundamental right
under Article 21 of the Constitution of India, the learned Counsel
submitted that the Applicant/Original Petitioner No. 2 be granted
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permission to travel abroad on such terms and conditions as this Court
may deem fit.
3. 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. 2 in her
capacity as a guarantor. He therefore submitted that until the dues of
the Bank 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. 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 the Applicant/Original Petitioner No. 2, have been
granted permission to travel abroad for business as well as personal
reasons. In the facts of the present case, considering that no criminal
proceedings are either initiated or pending against the
Applicant/Original Petitioner No. 2 coupled with the fact that the 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
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Applicant/Original Petitioner No. 2 can be granted permission to travel
to Detroit, Michigan, USA from 14th November, 2023 to 6th February,
2024, subject to the following terms and conditions :
(a) The Applicant/Original Petitioner No. 2 shall file an
undertaking in this Court that she will strictly adhere to the
itinerary more particularly set out at Exhibit-A to the above
Interim Application and that she shall return back to India on
or before 7th February, 2024.
(b) The Applicant/Original Petitioner No. 2 shall also file an
undertaking not to apply for renewal or extension of this Order
until she 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
7th February, 2024, the Applicant/Original Petitioner No. 2 shall
file a separate affidavit stating the expenses incurred by her
during the above travel and the source/s of income used for
funding the said expenses. This affidavit shall also be served on
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the Advocates for Bank of Baroda within 1 week from 7th
February, 2024.
5. Subject to the above conditions, the LOC issued against the
Applicant/Original Petitioner No. 2 at the instance of Bank of Baroda is
suspended upto 7th 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.
6. The immigration authorities at all ports of departure, including all
airports, will permit the Applicant/Original Petitioner No. 2 passage
and allow her to take her 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.
7. 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.
8. The above Interim Application is 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
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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
