Bombay High Court
Harsh G. Challa vs Rasiklal Bhuralal Salla And 6 Ors on 7 November, 2023
Bench: B.P. Colabawalla, M. M. Sathaye
2023:BHC-OS:13425-DB
(4)21-IA(L)-31068-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 31068 OF 2023
IN
WRIT PETITION (ST) NO. 26789 OF 2023
Harsh G. Challa ...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.
TALLE
SHUBHAM
ASHOKRAO Mr. Aditya Sangoram, i/by S.K. Singhi & Partners LLP
Advocates for Respondent No. 2.
Digitally signed by
TALLE SHUBHAM
ASHOKRAO
Date: 2023.11.09 Mr. Rahul Tiwari, Advocates for Respondent No. 3 & 4
14:47:20 +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. 4 seeking permission of this Court to travel to Australia
for the purpose of renewing his work visa between 11 th November, 2023
to 10th December, 2023.
NOVEMBER 7, 2023
Shubham Talle
(4)21-IA(L)-31068-2023.doc
2. The learned Advocate appearing on behalf of the Applicant
submitted that the above Writ Petition is filed Challenging the Look Out
Circular issued against the Petitioner 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/ Original
Petitioner No. 4, 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. 4. Considering
that the 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. 4, be granted 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. 4 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.
NOVEMBER 7, 2023
Shubham Talle
(4)21-IA(L)-31068-2023.doc
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. 4, 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. 4, 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
Applicant/Original Petitioner No. 4, can be granted permission to travel
Australia from 11th November, 2023 to 10th December, 2023, subject to
the following terms and conditions :
(a) The Applicant/Original Petitioner No. 4 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 11th December, 2023.
NOVEMBER 7, 2023
Shubham Talle
(4)21-IA(L)-31068-2023.doc
(b) The Applicant/Original Petitioner No. 4 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
11th December, 2023, the Applicant/Original Petitioner no. 4, shall
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 11th
December, 2023.
5. Subject to the above conditions, the LOC issued against the
Applicant/Original Petitioner no. 4 at the instance of Bank of Baroda is
suspended upto 11th December, 2023. 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. 4 passage and
allow him to take his flights out of the country irrespective of whether
NOVEMBER 7, 2023
Shubham Talle
(4)21-IA(L)-31068-2023.doc
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
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
