Bombay High Court
Jiteshbhai Bhagwanbhai Kajavadra vs Bureau Of Immigration And 2 Ors on 28 November, 2023
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2023:BHC-OS:13853-DB
6 ial 31872-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 31872 OF 2023
IN
WRIT PETITION (L) NO. 35148 OF 2022
Digitally
Jiteshbhai B. Kajavadra .. Petitioner
signed by
LAXMI
LAXMI SUBHASH
SUBHASH SONTAKKE
SONTAKKE Date:
2023.11.28
18:00:03
Versus
+0530
Bureau of Immigration & Ors. .. Respondents
Mr. Yash Jain i/b. Halai & Co. for the Applicant/Petitioner.
Mr. Arjun Gupta for the Respondent No.1.
Ms. Divya Bamne i/b. A. R. Bamne & Co. for Respondent No.2.
CORAM : B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN, JJ.
DATE : NOVEMBER 28, 2023
P. C.
1. The above Interim Application is filed by the
Applicant/Petitioner seeking permission to travel Hong Kong for
attending the JMA Hong Kong International Jewelry Show 2023 to be
held from 29th November, 2023 till 3rd December, 2023. The permission
to travel is sought from 30 th November, 2023 to 16th December, 2023
because the Applicant/Petitioner, being an employee of Maan Gems, is
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thereafter going to meet the clients and creditors of the said Maan
Gems.
2. The reason why this permission is necessitated is because a
Look Out Circular has been issued against the Applicant/Petitioner at
the instance of Bank of Baroda. The above Writ Petition is filed inter-
alia challenging the Look Out Circular issued by Bank of Baroda. This
Look Out Circular has been issued on the basis of the Office
Memorandums issued by the Government of India from time to time.
3. The learned Counsel 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 [with a bunch of
other 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 even in the past, on several occasions, the Applicant/Petitioner has
been granted permission to travel abroad and he has returned back to
India without breaching any of the terms and conditions imposed upon
him. The learned Advocate further submitted that there are no criminal
proceedings either initiated or pending against the Applicant/Petitioner.
In these circumstances, the Applicant/Petitioner be permitted to travel
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abroad on such terms and conditions as this Court may deem fit, was
the submission.
4. On the other hand, the learned Advocate appearing for
Bank of Baroda vehemently opposed the grant of any permission. She
submitted that the Applicant/Petitioner is a partner of a firm called
Bhadiyadra Gems. The aforesaid partnership firm owes huge amounts
[approximately Rs. 16 crores as on September, 2021] to Bank of Baroda.
She, therefore, submitted that until this amount is paid and/or
adequately secured, no permission ought to be granted to the
Applicant/Petitioner to travel abroad.
5. We have heard the learned Counsel appearing for the
parties. We have also perused the papers and proceedings in the above
Interim Application. It is now well settled that the right to travel abroad
is recognized as a fundamental right under Article 21 of the Constitution
of India. When one takes into consideration the fact that no criminal
proceedings are either initiated or pending against the
Applicant/Petitioner, we are of the opinion that the
Applicant/Petitioner can be permitted to travel abroad subject to the
following terms and conditions:-
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a) The Applicant/Petitioner shall file an undertaking stating therein
that he shall strictly adhere to the itinerary set out at Exhibit-A of
the Interim Application. This undertaking shall also state that the
Applicant/Petitioner shall return back to India on or before 16 th
December, 2023.
b) The Applicant/Petitioner shall also file another 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) Within one week of returning to India, namely, within one week
from 16th December, 2023, the Applicant/Petitioner shall file an
affidavit setting out 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 16th December, 2023
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6. Subject to the above conditions, the Look Out Circular
issued at the instance of Bank of Baroda against the
Applicant/Petitioner is suspended upto 16th 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 passage 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.
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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
