Yudhishthir Dilip Khatau vs Union Of India And 2 Ors
2023 Latest Caselaw 9218 Bom

2023:BHC-OS:9474


                                                                      14-IA(L)-23520-2023.doc



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


                       INTERIM APPLICATION (L) NO. 23520 OF 2023
                                         IN
                            WRIT PETITION NO. 4545 OF 2022


             Yudhishthir Dilip Khatau                        ...Petitioner/Applicant

                     Versus

             Union Of India And 2 Ors                        ...Respondents


                 Mr. Dharam Jumani a/w Munaf Virjee & Akash
                 Agarwal i/by AMR Law, Advocates for Applicant/Petitioner.

                 Mr. D.P. Singh, Advocates for Respondent No. 1 & 2.

                 Mr. Ashish Kanojia i/by PRS Legal For Respondent No. 3

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

                                       DATE       : SEPTEMBER 4, 2023

            P. C.

            1.      The       Above   Interim   Application      is    filed     by      the

Applicant/Petitioner, seeking permission to travel abroad to Malta via

Zurich between 10th September, 2023 to 23rd September, 2023.

2. The reason for this permission is because a Look Out Circular (for

short "LOC") has been issued against the Applicant/Petitioner at the

instance of Bank of Baroda and which is inter alia impugned in the

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above Writ Petition. The above Writ Petition, along with the bunch of

other Writ petitions, has been heard by another Division Bench of this

Court and the Judgment is reserved. In the interregnum, parties like the

Petitioner have been granted permission to travel abroad. As far as the

present Petitioner is concerned, the itinerary for the travel has been set

out in detail at Exhibit 'K' (page 42) to above Interim Application.

3. The Applicant/Petitioner has also been granted permission on 6

earlier occasions to travel abroad and he has returned back to India each

time without breaching any of the terms and conditions imposed upon

him.

4. The learned Advocate appearing on behalf of the

Applicant/Petitioner, has stated that barring a couple of complaints

filed under Section 138 of the Negotiable Instrument Act, 1881 no other

criminal action has been initiated or is pending against the Applicant/

Petitioner. He submitted that even Bank of Baroda has not initiated any

criminal action against the Petitioner. He therefore submitted that the

Petitioner be allowed to travel on such terms and conditions as this

Court may deem fit.

5. Having heard the learned Counsel for the parties and after

perusing the Interim Application, we are of the opinion that the

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Petitioner can be allowed to travel abroad for business purposes. We say

this because the Petitioner has been granted permissions on 6 earlier

occasions and he has admittedly returned back to India without

breaching any of the conditions imposed upon him. Considering that

apart from Section 138 proceedings, no other criminal action is pending

against the Petitioner, coupled with the fact that the right to travel

abroad is recognized as a fundamental right under Article 21 of the

Constitution of India, we permit the Applicant/Petitioner to travel to

Malta via Zurich as per the itinerary set out at Exhibit 'K' to the Interim

Application subject to the following conditions :

(a) The Applicant/Petitioner shall file an undertaking in this

Court that he shall strictly adhere to the itinerary set out at

Exhibit 'K' to the above Interim Application and that he shall

return back to India on or before 23rd September, 2023. The

Applicant shall, in the said undertaking, also disclose hotel

accommodation/addresses and contact details which are not

stated in Exhibit 'K'.

(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.

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

for the Bank of Baroda before the date of departure.

(d) Considering that the Petitioner has sought this permission

to travel abroad for business purposes, within 1 week of returning

to India, i.e. within 1 week from 23rd September, 2023, the

Applicant/Petitioner shall file a separate affidavit explaining the

business meetings which he held and with whom, together with

the contact details of the persons, and the details of the business

he was able to generate, if any. The Applicant/Petitioner, in the

said Affidavit, shall also state the expenses incurred by him during

the above travel and the source of income used for funding the

said expenses.

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

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

suspended till 23rd September, 2023. It is clarified that this Order does

not apply to any other LOC or restraint order, if issued by any other

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

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Baroda has notified the authorities or not and irrespective of whether

this suspension is noted in the immigration authorities' system or

otherwise.

8. The immigration authorities will not insist upon a certified copy

of this order but will not 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, no order as to costs.

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.

[ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.]

SEPTEMBER 4, 2023 Shubham Talle

Signed by: Shubham A Talle Designation: PA To Honourable Judge Date: 05/09/2023 19:01:34