Sanjay Sethi vs Union Of India
2023 Latest Caselaw 11516 Bom

   2023:BHC-OS:13374-DB


                                                                                            9 ial 31135-23.doc



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

                                        INTERIM APPLICATION (L) NO. 31135 OF 2023
                                                          IN
                                           WRIT PETITION (L) NO. 10178 OF 2023

                        Sanjay Sethi                                               .. Applicant/Petitioner
           Digitally
           signed by
           LAXMI
LAXMI      SUBHASH
SUBHASH    SONTAKKE
SONTAKKE   Date:
           2023.11.09
                                   Versus
           10:44:07
           +0530



                        Union of India & Ors.                                      .. Respondents

                             Mr. Arkesh Ayyagari and Girish Thanvi for the Applicant.

                             Mr. Y. R. Mishra (through V.C.) a/w Vinit Jain for the
                             Respondent-UOI.

                             Ms.     Akanksha         Hambir      i/b.   Rathina   Maravaraman             for
                             Respondent No.2.

                                                           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 New Zealand from

10th November, 2023 to 30th November, 2023. This travel is for personal

reasons to visit the Applicant's son who is staying in New Zealand.

2. The learned Counsel appearing for the Applicant/Petitioner

submitted that the issues raised in the above Writ Petition have already

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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 this is the first time the Applicant/Petitioner is traveling abroad

after issuance of the Look Out Circular against the Applicant/Petitioner

at the instance of Bank Baroda. He submitted that in the instant case,

the Applicant/Petitioner was a Director of a Company called Tara

Jewels Pvt. Ltd. and there is no pecuniary liability on the Applicant. He,

further submitted that no criminal proceedings have either been

initiated or pending against the Applicant/Petitioner. Considering that

the right to travel abroad is recognized as a fundamental right under

Article 21 of the Constitution of India, the Applicant/Petitioner be

allowed to travel to meet his son, was the submission of the learned

Advocate appearing for the Applicant/Petitioner.

3. On the other hand, the learned Advocate appearing for

Bank of Baroda submitted that Tara Jewels Pvt. Ltd. owes

approximately Rs. 49 crores to the Bank and the Applicant Petitioner

has been declared as a willful defaulter under the RBI circulars issued in

that regard. She, therefore, submitted that until the dues of the Bank are

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either cleared or adequately secured, the Applicant/Petitioner ought not

to be permitted to travel abroad.

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

length. We have also perused the the above 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/Petitioner is

admittedly not a guarantor of the dues owed to the Respondent-Bank.

Merely because the Applicant/Petitioner has been declared a willful

defaulter, does not mean that he ought not to be granted permission to

travel abroad, especially when the same has been recognized as a

fundamental right under Article 21 of the Constitution of India. This is

more so in the facts of the present case that no criminal proceedings

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

5. Considering the over all facts and circumstances of the

present case, we are of the opinion that the Applicant/Petitioner can be

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permitted to travel New Zealand from 10 th November, 2023 to 30th

November, 2023 subject to the following terms and conditions:-

a) The Applicant/Petitioner shall file an undertaking in this Court

setting out a detailed itinerary for the above travel including the

places where is going to stay and all other contact details. This

undertaking shall also state that the Applicant/Petitioner shall

return back to India on or before 1st 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 Bank of Baroda before the date of departure.

d) The Applicant/Petitioner shall, within a period of one week after

returning to India (i.e. within a period of one week from 1 st

December, 2023) file an affidavit setting 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 Advocate for Bank of Baroda within a

period of one week from 1st December, 2023.

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6. Subject to these conditions, the Look Out Circular issued

against the Applicant/Petitioner at the instance of Bank of Baroda shall

be suspended upto 1st December, 2023. 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, will permit the Applicant passage and permit 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' 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.

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