Bombay High Court
Shamik Apparao vs Mamta Kishore Apparao And 6 Ors on 28 November, 2023
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2023:BHC-OS:13844-DB
7 ial 32737-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 32737 OF 2023
IN
WRIT PETITION NO. 621 OF 2022
Shamik Apparao .. Applicant
LAXMI
SUBHASH Versus
SONTAKKE
Digitally signed by
LAXMI SUBHASH
SONTAKKE
Date: 2023.11.28
Bank of Baroda & Ors. .. Respondents
16:41:51 +0530
Mr. Dikshat Mehra a/w Honey Chandani i/b. Rajani Associates
for the Applicant/Petitioner No.2.
Mr. H. P. Kar i/b. Interjuris for the Respondent No.1.
Mr. Dhaval Patil i/b. K. Ashar & Co. for Respondent No.3.
Mrs. Savita Ganoo a/w Mr. D. P. Singh for Respondent Nos. 4
and 5.
Ms. Pradnya Bamne i/b. Nainesh N. Amin for N. N. Amin & Co.
for IDBI Bank.
CORAM : B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN, JJ.
DATE : NOVEMBER 28, 2023
P. C.
1. The above Writ Petition is filed inter-alia challenging the
Look Out Circular issued against the Petitioners at the instance of Bank
of Baroda. The above Interim Application is filed by Petitioner No.2
seeking permission to travel to Sharjah, UAE from 29 th November, 2023
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to 3rd December, 2023 for business purposes. The reason for the
aforesaid travel is also set out in the Interim Application.
2. The learned Advocate appearing for the
Applicant/Petitioner No.2 submitted that in the present case, the
Applicant/Petitioner No.2 has been granted permission in the past to
travel abroad for business purposes and he has returned back to India
without breaching any of the terms and conditions imposed upon him.
He submitted that there are no criminal proceedings either initiated or
pending against the Applicant/Petitioner No.2. In these circumstances,
he submitted that the Applicant/Petitioner No.2 be permitted to travel
to Sharjah, UAE on the dates mentioned above on such terms and
conditions as this Court may deem fit.
3. To be fair, the Applicant/Petitioner No.2 has also brought
to our attention that by order dated 21st December, 2022, this Court had
inter-alia imposed a condition that the Applicant shall disclose on
affidavit all assets movable or immovable, and until further orders of
this Court, he shall not alienate and/or create third party interest in
respect of the those assets. The learned Advocate submitted that this
affidavit has also been filed.
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4. On the other hand, the learned Advocate appearing for
Bank of Baroda vehemently opposed the above Interim Application. He
submitted that the Applicant/Petitioner No.2 has been declared as a
willful defaulter in February, 2021 and a huge amount (Rs. 124 cores) is
outstanding from the principal borrower [TAG Offshore Ltd.] and for
which dues, the Applicant/Petitioner No.2 has stood as a guarantor. In
these circumstances, he submitted that the Applicant/Petitioner No.2
ought not to be granted permission to travel abroad unless the dues of
the Bank are paid and/or adequately secured.
5. We have heard the learned Counsel for the parties. We have
also perused the papers and proceedings in the above Interim
Application. It is not in dispute that the issues raised in the above
Petition are subjudice before this Court in a bunch of other petitions and
which have been heard by another Division Bench and the Judgment is
reserved. It is also not in dispute that in the interregnum, parties like
the Applicant/Petitioner No.2 have been permitted to travel abroad for
business as well as personal reasons. In the facts of the present case, the
Applicant/Petitioner No.2 himself has been granted permission to travel
abroad on several previous occasions and he has returned back to India
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without breaching any of the terms and conditions imposed upon him.
Further, in the facts of the present case, there are no criminal
proceedings, either initiated or pending against the Applicant/Petitioner
No.2. Considering these circumstances, we are of the opinion that the
Applicant/Petitioner No.2 can be granted permission to travel to
Sharjah, UAE from 29th November, 2023 to 3rd December, 2023 on the
following terms and conditions:
a) The Applicant/Petitioner No.2 shall file an undertaking setting
out a detailed itinerary of the above travel including the addresses
of the hotels where he would be staying along with other contact
details. This undertaking shall also state that the
Applicant/Petitioner No.2 shall return back to India on or before
4th December, 2023.
b) The Applicant/Petitioner No.2 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.
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d) Considering that the Applicant/Petitioner No.2 is traveling for
business purposes, within one week from 4th December, 2023, he
shall file a separate affidavit explaining the business meetings
which he held during the above travel 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 this affidavit, the
Applicant/Petitioner No.2 shall also state the expenses incurred
by him during the above 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 Bank of Baroda within a
period of one week from 4th December, 2023
6. Subject to the above conditions, the Look Out Circular
issued at the instance of Bank of Baroda against the
Applicant/Petitioner No.2 is suspended upto 4th December, 2023. It is
clarified that this order does not apply to any other Look Out Circular
and/or restraint order, if issued by any other
Authority/Court/Agency/Bank.
7. The Immigration Authorities at all ports of departure,
including all airports, will permit the Applicant/Petitioner No.2 passage
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and allow him to take his flights out of the country irrespective of
whether Bank of Baroda has notified the Authorities about the said
suspension or not and irrespective of whether this suspension is noted
in the Immigration Authorities' system or otherwise.
8. The Immigration Authorities shall 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.
[SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]
NOVEMBER 28 2023
Laxmi
