Pradeep D Kapoor vs Union Of India And 2 Ors
2023 Latest Caselaw 10278 Bom

2023:BHC-OS:11344-DB


                                                                    10-IA(L)-24560-2023.doc



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


                      INTERIM APPLICATION (L) NO. 24560 OF 2023
                                         IN
                         WRIT PETITION (ST) NO. 21722 OF 2022


            Pradeep D Kapoor                               ...Applicant/Petitioner

                    Versus

            Union Of India And 2 Ors                       ...Respondents



                Ms. Shikha Bhura a/w Raja Ratan, i/by TAP Legal,
                Advocates for Petitioner/Applicant.

                Mr. Ajinkya Jaibhave, Advocate for Respondent Nos. 1 & 2.

                Ms. Akansha Hambir i/by              Rathina     Marvarman,
                Advocates for Respondent No. 3

                                     CORAM       : B. P. COLABAWALLA &
                                                  M.M. SATHAYE, JJ.

                                     DATE        : OCTOBER 5, 2023

           P. C.

1. The above Interim Application is filed by the Applicant/Petitioner

seeking permission to travel to the London/United Kingdom to visit his

daughter from 1st October, 2023 to 31st January, 2024.

OCTOBER 5, 2023 Shubham Talle 10-IA(L)-24560-2023.doc

2. This permission was sought in light of the fact that the Look Out

Circular (for short "LOC") has been issued against the

Applicant/Petitioner at the instance of Bank of Baroda.

3. When this Interim Application had come on the earlier occasion

(25.09.2023) the learned Advocate appearing on behalf of the Bank of

Baroda has stated that she has instructions that Punjab National Bank

had filed some criminal case against the Applicant/Petitioner. She

sought time to verify these instructions and to bring the same on record

if necessary. It is in these circumstances, that the matter was placed on

board yesterday. However since it did not reach, the same has come up

before us today.

4. Today the learned Advocate appearing on behalf of the Bank of

Baroda has stated that there is no criminal case either initiated or

pending against the Applicant/Petitioner.

5. As mentioned earlier, the above Interim Application is filed by

the Applicant/Petitioner seeking permission to travel to the

London/United Kingdom to visit his daughter from 1 st October, 2023 to

31st January, 2024. The above Writ Petition is filed inter alia

challenging the LOC issued at the instance of Bank of Baroda, and by

virtue of which the Applicant/Petitioner is unable to travel abroad. The

OCTOBER 5, 2023 Shubham Talle 10-IA(L)-24560-2023.doc

learned Advocate appearing on behalf of the Applicant/Petitioner

submitted that the issue raised in the above Writ Petition is already

heard by another Division Bench of this Court in a bunch of other Writ

Petitions and Judgment is reserved. She submitted that in the

interregnum, parties like the Applicant/Petitioner have been permitted

to travel abroad subject to certain terms and conditions being imposed

by the Court. She submitted that even on 2 earlier occasions, the

Applicant/Petitioner has been permitted to travel abroad on certain

terms and conditions and he has returned back to India without

breaching any of the terms conditions imposed upon him. She

submitted that in the present case the Applicant/Petitioner wants to

travel to the London/United Kingdom to visit his daughter who has just

given birth to twins. She therefore submitted that permission be granted

on such terms and conditions as this Court may deem fit.

6. The learned Counsel appearing on behalf of the Bank of Baroda

vehemently opposed this Application and submitted that the

Applicant/Petitioner has been declared as a wilful defaulter by the Bank

of Baroda and also huge amounts are due and payable to the Bank

(approximately Rs. 136 Crores). In these circumstances, she submitted

that until the dues of the Bank are either paid or adequately secured, no

permission ought to be granted.

OCTOBER 5, 2023 Shubham Talle 10-IA(L)-24560-2023.doc

7. We have heard 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 Writ Petition has

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, despite the fact that the

Applicant/Petitioner has been declared a wilful defaulter, he has been

granted permission in the past to travel abroad and has returned back to

India without breaching any of the terms and conditions imposed upon

him.

8. Considering these circumstances, coupled with the fact that the

right to travel has been recognized as a fundamental right under Article

21 of the Constitution of India, we are of the opinion that the

Applicant/Petitioner can be granted permission to travel to the

London/United Kingdom from 7 th October, 2023 to 31st January, 2024

subject to the following terms and conditions :

(a) The Applicant/Petitioner shall file an undertaking setting

out a detailed itinerary of his above travel including his airline

tickets as well as address/es where he proposes to stay during the

OCTOBER 5, 2023 Shubham Talle 10-IA(L)-24560-2023.doc

aforesaid travel along with his contact details. These

undertakings shall also state that the Applicant/Petitioner shall

return back to India on or before the 31st January, 2024.

(b) The Applicant/Petitioner shall also file an undertaking not

to apply for renewal or extension of this Order until he returns

back to this Country.

(c) All the above undertakings shall be served on the Advocate

for the Bank of Baroda before the date of departure.

(d) Considering that the Applicant/Petitioner has sought this

permission to travel abroad for personal reasons, within 1 week

of returning to India, i.e. within 1 week from 31st January, 2024,

the Applicant/Petitioner shall file a separate affidavit stating 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 the Bank of

Baroda within 1 week from 31st January, 2024.

9. Subject to the above conditions, the LOC issued against the

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

suspended till 31st January, 2024. It is clarified that this Order does not

OCTOBER 5, 2023 Shubham Talle 10-IA(L)-24560-2023.doc

apply to any other LOC or restraint order, if issued by any other

Authority/ Court/ Agency/ Bank.

10. 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 or not and irrespective of whether

this suspension is noted in the immigration authorities' system or

otherwise.

11. 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.

12. The above Interim Application is disposed of in the aforesaid

terms. However, no order as to costs.

13. 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 5, 2023
                      Shubham Talle

Signed by: Shubham A Talle
Designation: PA To Honourable Judge
Date: 06/10/2023 11:21:14