Bombay High Court

The New India Assurance Co. ... vs Vijay Vasant Divkar And Anr on 19 October, 2023

Bench: B.P. Colabawalla, M. M. Sathaye

  2023:BHC-AS:31362
                                                                                                      15.IAL.28263.23.DOC




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                       ORDINARY ORIGINAL CIVIL JURISDICTION

                                       INTERIM APPLICATION(L)NO.28263 OF 2023
                                                         IN
                                          WRIT PETITION(L)NO. 19102 OF 2022

                               Amit Kumar Agarwal                            ..Applicant/Petitioner
          Digitally signed
          by ANJALI
ANJALI TUSHAR
       ASWALE                  Versus
TUSHAR Date:
ASWALE 2023.10.19
       18:42:53
          +0530

                               Union Bank of India & Ors                    ..Respondents

                                   Mr. Vinod Nagola, with Ms.Savita Nangare i/b Pooja
                                   Kharat, Advocates for the Applicant/Petitioner.

                                   Mr.Jamshed Ansari, Advocates for Respondent No.1.

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

                                                        DATE          : OCTOBER 19, 2023
                              P.C.

                              1.               This         Interim   Application      is     filed      by      the

Applicant/Petitioner seeking permission to travel to UAE from 5 th

October, 2023 to 30th November, 2023. The learned counsel

appearing on behalf of the Applicant/Petitioner has stated that

though 5th October, 2023 had already come and gone, he seeks to

travel to UAE for business purposes only from 25 th October, 2023

to 30th November, 2023. He submitted that this Interim

Application is necessitated because a Look Out Circular has been

issued against the Applicant/Petitioner at the instance of Union

Bank of India, and which is challenged in the above Writ Petition.

OCTOBER 19, 2023 Aswale

15.IAL.28263.23.DOC

He submitted that the issues raised in the above Writ Petition have

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

bunch of other Writ Petitions, and the judgment is reserved. In the

interregnum, parties like the Applicant/Petitioner have been

permitted to travel for business as well as personal reasons,

subject to certain terms and conditions being imposed. He

submitted that the Applicant/Petitioner himself has been granted

permission to travel abroad on previous occasions and he has

returned back to India without breaching any of the terms and

conditions imposed upon him. He has also brought to our

attention that there is an FIR which is filed against the principal

borrower (M/s. Kasturi Commodities Pvt. Ltd.) and for which he

has stood as a Guarantor. He has stated that the

Applicant/Petitioner is not a Director of the said M/s. Kasturi

Commodities Pvt. Ltd, though he was a Director of a sister

company. He is not named as an accused in the said FIR but has

been called by the CBI for enquiry in which he has fully

cooperated. He submitted that all this is stated in the additional

affidavit filed on behalf of the Applicant/Petitioner on 12 th

October, 2023. In these circumstances, the learned counsel

appearing on behalf of the Applicant/Petitioner, submitted that

the Applicant/Petitioner be permitted to travel to UAE from 25 th

OCTOBER 19, 2023 Aswale

15.IAL.28263.23.DOC

October, 2023 to 30th November, 2023 for the purposes of

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

2. On the other hand, the learned counsel appearing on

behalf of the Union Bank of India vehemently opposed the grant

of any permission. He submitted that the dues of the Union Bank

of India are to the tune of approximately Rs.75 Crores and parties

like the Applicant/Petitioner ought not to be granted permission

to travel abroad for any purposes until the dues of the bank are

either paid or adequately secured.

3. We have heard the learned counsel for the parties at

length. We have also perused the papers and proceedings. It is

not in dispute that the issue raised in the present Petition has

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

bunch of other Writ Petitions], and the judgment is reserved. In

the interregnum, parties like the Applicant/Petitioner have been

permitted to travel for business as well as personal reasons,

subject to certain terms and conditions being imposed. In the

present case, the Applicant/Petitioner himself has been granted

permission to travel abroad on previous occasions and he has

returned back to India without breaching any of the conditions

imposed upon him. He has also fairly disclosed that though an

OCTOBER 19, 2023 Aswale

15.IAL.28263.23.DOC

FIR has been filed against the principal borrower (M/s.Kasturi

Commodities Pvt Ltd), he has not been arrayed as an accused and

he has been cooperating with the CBI in the enquiry conducted by

it against the principal borrower. When one looks at all these facts

and 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

UAE for business purposes from 25th October, 2023 to 30th

November, 2023 subject to the following conditions:-

(a) The Applicant/Petitioner shall file an affidavit-cum-

undertaking in this Court setting out a detailed itinerary of the above travel, including air line tickets, address/s of the hotel /accommodations where he would be staying along with all other contact details. This affidavit-cum- undertaking shall also state that the Applicant/Petitioner shall return back to India on or before 1st December, 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 for Union Bank of India before the date of departure.

(d) The Applicant/Petitioner shall fly only in Economy Class.

OCTOBER 19, 2023 Aswale

15.IAL.28263.23.DOC

(e) Considering that the Applicant/Petitioner is going for business purposes, we direct that within one week of returning to India, namely, within 1 week from 1 st December, 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 with the necessary proof. This affidavit shall also be served on the Advocates for the Union Bank of India within one week from 1st December, 2023.

4. Subject to above conditions, the Look Out Circular

issued at the instance of the Union Bank of India against the

Applicant/Petitioner is suspended upto 1st December, 2023. It is

clarified that between the period from 25th October, 2023 to 30th

November, 2023, if the Applicant/Petitioner comes back to India,

he will be allowed and permitted to travel once again only back to

the UAE only without having to seek a fresh permission for the

aforesaid travel, provided the same is between 25 th October, 2023

to 30th November, 2023.

5. It is clarified that this order does not apply to any

other Look Out Circular and/or restraint order, if any, issued by

any other Authority/Agency/Bank/Court.