Manappadom Ganapathy ... vs Bureau Of Immigration Ministry
2023 Latest Caselaw 10784 Bom

2023:BHC-OS:12358-DB


                                                                               23 IA(L)-28469-2023.doc



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

                           INTERIM APPLICATION (L) NO. 28469 OF 2023
                                             IN
                              WRIT PETITION (L) NO. 12614 OF 2022

            Manappadom Ganapathy Subramaniam                                      ...Applicant/
                                                                                   Petitioner
                      Versus
            Bureau Of Immigration and Ors.                                        ...Respondents


                Mr. P. Ranjan i/b. Halai & Co., for Applicant/Petitioner.
                Ms. Sneha Mishra i/b. Jamshed Ansari, for Respondent No. 9.
                Ms. Shama Shaikh i/b. Rathina Marvaraman , for Respondent
                Nos. 2 to 7.

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

                                                     DATE        : OCTOBER 18, 2023

           P. C.

1. The above Interim Application is filed seeking permission

to travel to Nepal on 29/10/2023 and return to India on 05/11/2023.

The purpose of this travel is for vacation/holidays. The above Writ

Petition is filed challenging the Look Out Circular (for short "LOC")

issued against the Applicant/Petitioner at the instance of State Bank of

India.

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23 IA(L)-28469-2023.doc

2. The learned Advocate appearing on behalf of the Applicant/

Petitioner submitted that the issues raised in the present Petition have

already been heard by another Division Bench of this Court in a bunch

of other Petitions, and the Judgment is reserved. He further submitted

that in the interregnum, parties like the Applicant/Petitioner have been

permitted to travel abroad for business as well as personal reasons

subject to certain terms and conditions being imposed. He submitted

that on two previous occasions also the Applicant/Petitioner has been

permitted to travel abroad and he has returned back to India without

breaching any of the terms and conditions imposed upon him. He

therefore submitted that the Applicant/Petitioner be permitted to travel

to Nepal from 29/10/2023 to 05/11/2023 subject to such terms and

conditions as this Court may deem fit.

3. The learned Advocate appearing on behalf of State Bank of

India has vehemently opposed the grant of permission to travel abroad

on the ground that the Applicant/Petitioner is a Director of the

Respondent No. 9 company who is the principal borrower and huge

amounts are due and payable by the principal borrower to State Bank of

India (approximately Rs. 56.41 crores). Apart from this, she submitted

that the Applicant/Petitioner has been declared as a willful defaulter by

State Bank of India. She, therefore, submitted that until the dues of the

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23 IA(L)-28469-2023.doc

Bank are either paid or adequately secured, the Applicant/Petitioner

ought not to be granted permission to travel.

4. We have heard the learned counsel for the parties. We have

also perused papers and proceedings in the above Interim Application.

It is not in dispute that the issues raised in the present petition, have

already been heard by another Division Bench of this Court, and the

Judgment is reserved. It is not also in dispute that in the interregnum,

parties like the Applicant/Petitioner, have been granted permission to

travel abroad for business as well as personal reasons. In the facts of the

present case, the Applicant/Petitioner himself has been allowed to travel

abroad on two previous occasions (copies produced with Interim

Application) and he has returned back to India without breaching any of

the terms and conditions imposed upon him. Further, in the facts of the

present case, the Applicant/Petitioner is not even a Guarantor to the

loan taken by Respondent No. 9 from State Bank of India but was a

Director when the loan was taken. He has thereafter resigned from the

directorship of Respondent No. 9. Once we take into consideration all

the aforesaid facts and circumstances, we are of the opinion that the

Applicant/Petitioner can be granted permission to travel to Nepal for

holidays from 29/10/2023 to 05/11/2023 subject to the following terms

and conditions.

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(a) The Applicant/Petitioner shall file an undertaking stating that he will strictly adhere to and abide by the itinerary, annexed at Exhibit-C & D to this Interim Application. This undertaking shall also state that the Applicant/Petitioner shall return back to India on or before 06/11/2023.

(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 of State Bank of India before the date of departure.

(d) Within one week of returning to India, namely, within one week from 06/11/2023, 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 along with necessary proof. This affidavit shall also be served on the Advocates for the State Bank of India within a period of one week from 06/11/2023.

5. Subject to the above conditions, the LOC issued at the

instance of State Bank of India against the Applicant/Petitioner is

suspended upto 06/11/2023. It is clarified that this Order does not

apply to any other LOC and/or restraint Order, if issued by or at the

instance of any other Authority/ Court/ Agency/ Bank.

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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

State Bank of India has notified the authorities or not and irrespective of

whether this suspension is noted in the immigration authorities' system

or otherwise.

7. 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.

8. The above Interim Application is disposed of in the

aforesaid terms. However, there shall be no order as to costs.

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 18, 2023
Husen