Harish M. Jajodia vs Union Of India And 3 Ors
2023 Latest Caselaw 9407 Bom

    2023:BHC-OS:9609-DB


                                                                                        13.ia(l).24978.2023.doc



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   ORDINARY ORIGINAL CIVIL JURISDICTION
                                 INTERIM APPLICATION (L) NO.24978 OF 2023
                                                   IN
                                      WRIT PETITION NO.5142 OF 2022

                      Harish Jajodia                                              .. Applicant

                      IN THE MATTER OF:

                      Harish M. Jajodia                                           .. Petitioner

                                Versus

                      Union of India & Ors.                                       .. Respondents

UTKARSH                    Mr.Simil Purohit a/w Devendra Tiwari i/b Law
KAKASAHEB                  Chamber of Siddharth Murarka, Advocates for the
BHALERAO                   Applicant-Petitioner.
Digitally signed by
UTKARSH KAKASAHEB          Ms.Rathina Maravarman a/w Akankhsha Hambir,
BHALERAO
Date: 2023.09.08           Advocates for Respondent No.2.
11:30:14 +0530



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

                                                        DATE           : SEPTEMBER 07, 2023

                      P. C.

1. The above Interim Application is filed by the Applicant-

Petitioner seeking permission to travel to Australia for business

purposes. The above Writ Petition is filed inter alia challenging the

Look Out Circular issued at the instance of Bank of Baroda.

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2. Mr.Purohit, the learned counsel appearing on behalf of the

Applicant-Petitioner submitted that substantial assets of the Petitioner

have been seized by the Bank and part of them have also been sold for

the recovery of its dues. The Petitioner is currently employed as a

Manager of the Exports-Plastic Division of a Company called "Anzen

Exports Pvt Ltd" and which is a company based on Kolkata. He

submitted that the purpose of this travel is for generating business as

well as recovery of certain pending payments of exports on behalf of the

said "Anzen Exports Pvt Ltd". He submitted that the Applicant-

Petitioner, apart from being an employee of the said company, has no

other connection with it. Admittedly, Anzen Pvt Ltd is not a debtor of

Bank of Baroda, was the submission. He further submitted that apart

from proceedings initiated under Section 138 of the N.I. Act, no other

criminal proceedings are pending and/or initiated against the

Applicant-Petitioner. He therefore submitted that the Applicant-

Petitioner be allowed to travel to Australia from 9 th September, 2023 to

25th September, 2023 for the reasons stated in the above Interim

Application on such terms and conditions as this Court deems fit.

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3. The learned counsel appearing on behalf of the Bank of

Baroda vehemently opposed this permission on the ground that the

Applicant-Petitioner has been declared a wilful defaulter and huge

amounts are still outstanding from the Applicant-Petitioner. In these

circumstances, the Applicant-Petitioner ought not to be allowed to

travel without first clearing the dues of the Bank.

4. We have heard the learned counsel appearing for the

parties at some length. 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 is sub judice before this Court

in a bunch of other Writ Petitions, and in which the judgment is

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

similarly placed like the petitioners, have been granted permission to

travel abroad for business purposes as well as for personal reasons.

When we consider that the right to travel is recognized as fundamental

right under Article 21 of the Constitution of India, we do not think that

merely because the Petitioner owes certain monies to the bank he

should be restrained from exercising his fundamental right. As far as the

issue of the Petitioner being declared as a wilful defaulter is concerned,

it is the specific case of the Applicant-Petitioner that he was declared a

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wilful defaulter without any notice to him and without following the due

procedure that is required to be adhered to before declaring any person

as a wilful defaulter. He submitted that in fact once this information is

made available to the Applicant-Petitioner, he would be filing a separate

Writ Petition challenging the stigma attached to his name as a wilful

defaulter.

5. When one looks at all these facts, we are of the opinion that

the Applicant-Petitioner can be allowed to travel abroad subject to

certain terms and conditions. This is more so in the facts of the present

case considering that the Applicant-Petitioner is now employed with

another company which is admittedly not a debtor of Bank of Baroda

and it is for generating business for this company that the aforesaid

travel is being undertaken.

6. In view of the following discussion, the Applicant-Petitioner

is permitted to travel to Australia from 9 th September, 2023 to 25th

September, 2023 subject to the following terms and conditions.

(a) The Applicant-Petitioner shall file an undertaking in this Court that he shall strictly adhere to the Itinerary more particularly set out at

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Exhibit-'C' (page 18) of the Interim Application and shall return back to India on or before 25th September, 2023.

(b) The Applicant-Petitioner shall file an undertaking not to apply for renewal or extension of this order until he returns back to India.

(c) The aforesaid undertakings shall be served on the advocates for the Bank of Baroda before the date of departure.

(d) Within 1 week of returning to India, namely, within 1 week from 25th September, 2023, the Application-Petitioner shall file a separate affidavit setting out 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 one week, upon his return.

7. Subject to the above conditions, the Look Out Circular

issued at the instance of the Bank of Baroda against the Applicant-

Petitioner is suspended upto 25th September, 2023. It is clarified that

this order does not apply to any other Look Our Circular and/or

restraint order, if any, issued by any other Authority/Agency/Bank.

8. 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

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the Bank of Baroda has notified them or not and irrespective of whether

this suspension is noted in the immigration authorities' systems or

otherwise.

9. The immigration authorities will not insist upon a certified

copy of this order but will act on presentation of an authenticated or

digitally signed copy of this order.

10. The Interim Application is accordingly disposed of in the

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

11. 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 07, 2023
Utkarsh