Bombay High Court
Rajkumar Saraf vs Union Of India Through Ministry Of ... on 3 October, 2023
Bench: B.P. Colabawalla, M. M. Sathaye
2023:BHC-OS:11270-DB
19-IA(L)-26495-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 26495 OF 2023
IN
WRIT PETITION NO. 754 OF 2023
Rajkumar Saraf .. Applicant/
Petitioner
Versus
Union of India through Ministry of
Home Affairs and Anr. .. Respondents
Mr.Karl Tamboly a/w Mr. Pratik Thakkar i/b DSK
Legal, Advocates for the Applicant/Petitioner.
Ms. Savita Ganoo a/w A.R. Verma, Advocates for
Respondent No. 1(Union of India).
Mr.Hafeezur Rahman, Advocate for Respondent No.2.
CORAM : B. P. COLABAWALLA &
M.M. SATHAYE, JJ.
DATE : OCTOBER 03, 2023
P. C.
1. In the above Writ Petition what is challenged is a Look
Out Circular issued against the Applicant/Petitioner at the instance
of Indian Bank . According to the Applicant, he came to know about
the said Look Out Circular when he was travelling to Singapore on
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22/09/2022. Because of the said Look Out Circular issued at the
instance of Indian Bank, the Petitioner could not travel to Singapore.
2. Now the Petitioner seeks to travel to Guangzhou, China,
for attending the 134th Canton Fair and for which he has received an
invitation. The said fair is supposed to take place from 15/10/2023
to 19/10/2023. It is in this light, that the Petitioner seeks permission
to travel to Guangzhou, China from 13/10/2023 to 23/10/2023.
3. The learned Advocate appearing on behalf of the Indian
Bank, at whose instance the Look Out Circular was issued,
vehemently opposed granting of any permission. He submitted that
the principal borrower namely Zenith Computers Limited owes to
Indian Bank an amount of approximately Rs. 81.68 crores. He
submitted that until the outstanding of the Bank are either paid or
secured, the Petitioner ought not to be granted permission to travel
abroad.
4. 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 issue raised in the above
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Writ Petition is subjudice in a Bunch of other Writ Petitions and
Judgment in those matters is reserved. It is also not in dispute that
in the interregnum, parties like the Petitioner has been permitted to
travel abroad for business as well as for personal reasons. It is now
well settled that the right to travel abroad has been recognized as a
fundamental right under Article 21 of the Constitution of India. We
therefore do not think that a fundamental right can be curtailed in
this fashion, merely because dues of the Bank are not paid. This
observation is, of course, subject to the Judgment that is reserved in
the Bunch of Petitions heard by another Division Bench of this Court.
When one takes this into consideration, coupled with the fact that no
criminal case is either initiated or pending against the Petitioner, we
are of the opinion that the Petitioner can be granted permission to
travel to Guangzhou, China from 13/10/2023 to 23/10/2023 subject
to the following terms and conditions :
(a) The Applicant/Petitioner shall file an undertaking
setting out his detailed itinerary including the flight
details, hotels/address where he would be
residing/staying alongwith the contact details. In this
undertaking, the Petitioner shall also state that he will
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strictly adhere to the above itinerary and shall return
back to India on or before 24/10/2023.
(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) Copies of both the above undertakings shall be
served upon the advocates for Indian Bank, before
the date of departure.
(d) Considering that the Petitioner is travelling for
business purposes, within one week of returning to
India, namely within one week from 24/10/2023, the
Applicant/ Petitioner shall file a separate affidavit
setting out the business meetings he held and with
whom, together with the contact details of the persons
he met and the business he was able to generate, if any.
This Affidavit shall also set out 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 Indian Bank within
one week from 24/10/2023.
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5. Subject to the above conditions, the Look Out Circular
issued against the Applicant/Petitioner, at the instance of Indian
Bank, stands suspended until 24/10/2023. It is clarified that this
order does not suspend any other Look Out Circular or restraint
order, if issued by any other Agency/ Authority/ Court/Bank.
6. 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 Indian Bank has notified the authorities about the said
suspension or not and irrespective of whether this suspension is
noted in the immigration authorities' systems or otherwise.
7. The immigration authorities shall not insist upon a
certified copy of this order but will act on presentation of an
authenticated or digitally signed copy of this order.
8. The Interim Application is disposed of in the aforesaid
terms. However, there shall be no order as to costs.
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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.]
OCTOBER 03, 2023
Signed by: Yugandhara Patil Yugandhara Patil
Designation: PA To Honourable Judge
Date: 05/10/2023 15:00:03
