Nihar N. Parikh vs Union Bank Of India
2023 Latest Caselaw 9349 Bom

2023:BHC-OS:9521-DB



                                                                  7-IA(L)-21637-2023.doc



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


                            INTERIM APPLICATION (L) NO. 21637 OF 2023
                                                   IN
                                    WRIT PETITION NO. 3056 OF 2022

                  Nihar N. Parikh                            .. Applicant/Petitioner

                       Versus

                  Union Bank of India and others             .. Respondents



                      Mr.Chirag Sarawagi a/w Yash Dhakad i/b Tushar A.
                      Goradia, Advocates for the Applicant/Petitioner.

                      Mr. D.P. Singh i/b Y.S. Bhate, Advocate for Respondent
                      Nos. 1 and 3.

                      Mrs. Uma Palsule-Desai , AGP for Respondent No. 2.
                      Pavitra Manesh i/b Vaishali         Bhilare, Advocate for
                      Respondent No. 5.
                      Ms. Yashvi Shah i/b Nahush Shah Legal , Advocate for
                      Respondent Nos. 6 to 9 and 11 to 15.
                      Ms. Kalyani Wagle i/b T.N. Tripathi and Co., Advocate
                      for Respondent No. 17.
                      Ms. Akansha Hambir i/b Rathina Maravarman
                      Advocate for Respondent No. 16.

                      Mr. Akshay H. Kumar i/b Legal Prism Advocate for
                      Respondent No. 10.




                                                 Page 1 of 6
                                             SEPTEMBER 06, 2023
                 Yugandhara Patil
                                                            7-IA(L)-21637-2023.doc



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

                                  DATE       : SEPTEMBER 06, 2023

P. C.

1. The above Writ Petition is filed seeking to challenge the

look out circulars issued at the instance of Indian Bank and Bank of

Baroda as well as the Office Memorandum issued by the

Government of India.

2. The above Interim Application is filed seeking

permission of this Court to travel to Fiji and Australia from

08/09/2023 to 20/09/2023 for the purpose of business.

3. The learned Advocate appearing on behalf of the

Applicant/Petitioner submitted that the above Writ Petition

( alongwith a bunch of other Writ Petitions) have been heard by the

another Division Bench of this Court and the Judgment has been

reserved. In the said petitions, the parties like the Petitioner has

been granted permission to travel abroad on certain terms and

conditions imposed by this Court. The learned Counsel submitted

that in the present case the Applicant/Petitioner has been allowed to

SEPTEMBER 06, 2023 Yugandhara Patil 7-IA(L)-21637-2023.doc

travel abroad on ten previous occasions and he has always returned

back to India without breaching any of the conditions imposed upon

him. He further submitted that there is no criminal

action/proceeding, either initiated or pending against the

Applicant/Petitioner. Looking at all these facts, the learned Counsel

submitted that the Applicant/Petitioner be permitted to travel to Fiji

and Australia from 08/09/2023 to 20/09/2023 on such terms and

conditions as the court may deem fit.

4. We have heard the learned Counsel for the Applicant/

Petitioner, the learned Counsel for Indian Bank as well as the

learned Counsel appearing on behalf of the Bank of Baroda. It is not

in dispute that the Applicant/Petitioner has been permitted to travel

abroad on ten previous occasions and he has returned back to India

without breaching any of the conditions imposed upon him. Further

there is no criminal action/proceeding either initiated or pending

against the Applicant/Petitioner. Considering these circumstances,

we are inclined to allow the Petitioner to travel to Fiji and Australia

from 08/09/2023 to 20/09/2023 on the following terms and

conditions:-

SEPTEMBER 06, 2023 Yugandhara Patil 7-IA(L)-21637-2023.doc

(a) The Petitioner shall file an affidavit cum undertaking

setting out the details of itinerary of his travel to Fiji and

Australia including the hotels/ addresses where he would be

staying including the contact details of the

Applicant/Petitioner.

(b) The Applicant/Petitioner shall also file an undertaking

in this Court stating that he will strictly adhere to the itinerary

mentioned in the affidavit and shall return back to India on or

before 21.09.2023.

(c) The Applicant/Petitioner shall file another undertaking

not to apply for renewal or extension of this Order until he

returns back to India.

(d) The aforesaid undertakings shall be served on the

advocates for Indian Bank and Bank of Baroda before the date

of departure.

(e) Since the Petitioner is travelling to Fiji and Australia

for business, within one week of returning to India, namely

within one week from 21.09.2023, the Applicant/Petitioner

SEPTEMBER 06, 2023 Yugandhara Patil 7-IA(L)-21637-2023.doc

shall file a separate affidavit explaining the meetings

which he held during above travel 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 shall also state in this affidavit

the expenses incurred by him during the above travel

and the source of income used for funding said expenses.

This Affidavit shall also be served on the Advocates for

Indian Bank and Bank of Baroda respectively.

5. Subject to these conditions, the look out circulars issued

at the instance of Indian Bank and Bank of Baroda against the

Applicant/Petitioner shall stand suspended until 21/09/2023. It is

clarified that this order does not suspend any other look out circular

or restraint order, if issued by any other agency/ authority/ bank.

6. The immigration authorities at all ports of departure,

including all airports, will permit the Petitioner and allow him to take

his flights out of the country irrespective of whether Indian Bank

and/or Bank of Baroda have notified them or not and irrespective of

whether this suspension is noted in the immigration authorities'

systems or otherwise.

SEPTEMBER 06, 2023 Yugandhara Patil 7-IA(L)-21637-2023.doc

7. The immigration authorities shall not insist upon a

certified copy of this order but will 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.

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.]

SEPTEMBER 06, 2023 Signed by: Yugandhara Patil Yugandhara Patil Designation: PA To Honourable Judge Date: 06/09/2023 18:21:47