Bombay High Court
Ariez Rustom Tata vs Union Of India Thorugh The ... on 8 November, 2023
Bench: B.P. Colabawalla, M. M. Sathaye
2023:BHC-OS:13510-DB
8 ial 30550-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 30550 OF 2023
IN
WRIT PETITION NO. 2053 OF 2022
Digitally
signed by
LAXMI
Ariez Rustom Tata ..Applicant/ Petitioner
LAXMI SUBHASH
SUBHASH SONTAKKE
SONTAKKE Date:
2023.11.09
18:09:01
+0530
Versus
Union of India & Ors. .. Respondents
Mr. Dharam Jumani a/w Mihir Nerurkar, Munaf Virjee, Akash
Agarwal, Rushabh Parekh & Tirtha Mukharjee i/b. AMR Law,
Advocates for the Applicant/Petitioner.
Ms Savita Ganoo a/w D. P. Singh, Advocates for the Respondent
Nos. 1 and 2.
Ms. Akanksha Hambir i/b. Rathina Maravaraman for
Respondent No.3.
CORAM : B. P. COLABAWALLA &
M. M. SATHAYE, JJ.
DATE : NOVEMBER 08, 2023
P. C.
1. The above Interim Application is filed by the
Applicant/Petitioner seeking permission to travel to Germany from 22 nd
November, 2023 to 2nd December, 2023. This Interim Application is
necessitated because a Look Out Circular has been issued against the
Applicant/Petitioner at the instance of State Bank of India. The above
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Writ Petition has been filed challenging the said Look Out Circular as
well as the Office Memorandums issued by the Government of India
from time to time.
2. The learned Advocate appearing for 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.
He submitted that in the interregnum, parties like the
Applicant/Petitioner have been permitted to travel abroad for business
as well as personal reasons. He submitted that in the past also, on
several occasions, the Applicant has been permitted to travel abroad and
he has returned back to India without breaching any of the terms and
conditions imposed upon him. He brought to our attention that after his
last travel [pursuant to order dated 21st March, 2023], an FIR has now
been registered [on 18th April, 2023] against the Applicant/Petitioner
under Section 13(2) read with Section 13(1)(d) of the Prevention of
Corruption Act, 1988 and Section 120(B) read with Section 420 of the
Indian Penal Code, 1860. He submitted that pursuant to this FIR, a
search was also conducted and which is annexed at Exhibit-H to the
Interim Application. He submitted that the search report itself shows
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that the Applicant/Petitioner is co-operating with the Investigating
Authorities and has not in any way tried to scuttle the investigation or
evade the same. He also brought to our attention the averments in
paragraph 15 of the Interim Application which show that he has deep
roots in Mumbai and India and that his entire family also resides in
India with the exception of one child who is currently in USA. Looking
at these facts, he submitted that the Applicant/Petitioner be granted
permission to travel abroad for business from 22nd November, 2023 to
2nd December, 2023 respectively.
3. On the other hand, the learned Advocate appearing for
State Bank of India opposed the grant of the said permission on the
ground that an amount of approximately Rs. 235 crores is outstanding
from the Applicant/Petitioner as a guarantor and therefore he ought not
to be allowed to travel without first either paying the aforesaid amount
or adequately securing the same. The learned Counsel also submitted
that considering now the FIR is lodged against the Applicant/Petitioner,
he ought not to be granted permission to travel abroad as it may hinder
the ongoing investigation.
4. We have heard the learned Counsel for the parties at some
length. We have also perused the papers and proceedings in the above
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Interim Application. It is not in dispute that the 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/Petitioner have been permitted to travel abroad for
business as well as personal reasons. In the facts of the present case, the
Applicant has been granted permission to travel abroad on several
previous occasions and he has returned back to India without breaching
any of the terms and conditions imposed upon him. It is true that after
he traveled the last time, an FIR has been lodged against the
Applicant/Petitioner. However, we are of the opinion that merely
because an FIR is lodged without anything more, would not be a ground
for restraining the Applicant/Petitioner from traveling abroad. This is
more so when the Applicant/Petitioner has strong roots in India and his
entire family [with the exception of one child] also resides in India.
5. Considering the over all facts and circumstances of the
present case, we are of the view that the Applicant/Petitioner can be
permitted to travel Germany for business purposes from 22 nd
November, 2023 to 2nd December, 2023 subject to the following terms
and conditions:-
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a) The Applicant/Petitioner shall file an undertaking in this Court
that he shall strictly adhere to and abide by the itinerary more
particularly set out at Exhibit-I (Page-122 and 123) to the above
Interim Application. The undertaking shall also state that the
Applicant/Petitioner shall return back to India on or before 3 rd
December, 2023.
b) The Applicant/Petitioner shall also file an undertaking not to
apply for renewal or extension of this order until he returns back
to India.
c) Both the aforesaid undertakings shall be served on the Advocates
for State Bank of India before the date of departure.
d) Since the Applicant/Petitioner is traveling for business, he shall,
within a period of one week after returning to India (i.e. within a
period of one week from 3rd December, 2023), file a separate
affidavit explaining the business meetings which he held and with
whom, together with the contact details of the persons he met and
the details of the business he was able to generate, if any. In the
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said affidavit, the Applicant/Petitioner shall also set out the
expenses incurred for the aforesaid 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 State Bank
of India within a period of one week from 3rd December, 2023.
6. Subject to these conditions, the Look Out Circular issued
against the Applicant/Petitioner at the instance of State Bank of India is
suspended upto 3rd December, 2024. It is clarified that this order does
not apply to any other Look Out Circular and/or restraint order, issued
by any other Authority/Court/Agency/Bank.
7. The Immigration Authorities at all ports of departure,
including all airports, shall permit the Applicant passage and permit
him to take his flights out of the country irrespective of whether State
Bank of India has notified them 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 08 2023
Laxmi
