Siddharth Shah vs Bank Of Baroda And 2 Others
2023 Latest Caselaw 9669 Bom

2023:BHC-OS:9927-DB



                                                                              502 ial 25730-23 .doc



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

                                INTERIM APPLICATION (L) NO. 25730 OF 2023
                                                   IN
                                   WRIT PETITION (L) NO. 25728 OF 2023

                 Mr. Sidharth Shah                         .. Applicant/Petitioner

                          Versus

                 Bank of Baroda and Ors.                   .. Respondents

                      Mr. Shadab Jan a/w Vindo Kothari, Priyansh Jain and Sonal
                      Sanap, Advocates for the Applicant/Petitioner.

                      Ms. Divya Bamne i/b M/s. A.R. Bamne and Co., Advocates for
                      Respondent No.1.
                      Mr. S.K. Halwasia, Advocate for Respondent Nos. 2 and 3.

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

                                                DATE       : SEPTEMBER 14, 2023

                 P. C.


                 1.               The   above    Interim   Application   is    filed    seeking

permission of this Court to travel to Sydney, Australia via Kuala

Lumpur from 14.09.2023 to 22.09.2023. The above writ petition is

filed challenging the look out circular issued at the instance of the

Bank of Baroda.

SEPTEMBER 14, 2023 Sneha Chavan 502 ial 25730-23 .doc

2. The learned counsel appearing on behalf of the

Petitioner submitted that he was scheduled to travel to Sydney on

11.09.2023. However, he was stopped from leaving the country

because a look out circular was issued by Bank of Baroda and which

he came to know only on 11.09.2023. He submitted that urgency in

the matter is that he along with his wife have enrolled for a training

programme in Australia which would then be generating business as

well. The wife has already left for the purposes of this programme

and the petitioner could not travel because of the look out circular.

3 The learned counsel submitted that in the present case,

the issue raised in the above petition is also raised in a bunch of other

petitions, which are heard by another Division Bench of this Court

and the Judgment is reserved. He submitted that the outcome of this

writ petition will also have to abide by the decision rendered in these

writ petitions. He submitted that in the interregnum, the parties like

the Petitioner have been permitted to travel abroad as the same is

recognised as a fundamental right under the Article 21 of the

Constitution of India. He submitted that the Petitioner has no

criminal antecedents and no criminal action has either been initiated

or pending against the Petitioner. The learned counsel, therefore,

SEPTEMBER 14, 2023 Sneha Chavan 502 ial 25730-23 .doc

submitted that the Petitioner be allowed to travel to Sydney,

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

4. The learned counsel appearing on behalf of Bank of

Baroda vehemently opposed this permission. She submitted that

huge amounts [about Rs.11 crores as on January, 2016] were

outstanding from the Petitioner. By invoking the provisions of the

SARFAESI ACT, 2002, the bank has been able to only recover an

amount of approximately Rs. 5.9 crores. She submitted that in such

circumstances, the Petitioner ought not to be allowed to travel until

the dues of the Bank are paid and/or secured.

5. We have heard the learned counsel for the Parties. We

have also perused the Interim Application. It is not in dispute that

issue raised in this petition is already subjudice before this Court and

it is being decided by another Division Bench. In the interregnum,

the parties like Petitioner, in the past, have been allowed to

undertake travel abroad subject to terms and conditions imposed by

the Court.

SEPTEMBER 14, 2023 Sneha Chavan 502 ial 25730-23 .doc

6. When we take into consideration that the right to travel

has been recognised as a fundamental right under Article 21 of the

Constitution of India, coupled with the fact that the Petitioner has no

criminal antecedents and no criminal action is either initiated and/or

pending against him, we are of the opinion that he can be permitted

to travel to Sydney, Australia subject to the following terms and

conditions:

(a) The Petitioner shall file an undertaking in this Court that he

shall strictly adhere to the itinerary set out at Exh.D to the

Interim Application and that he shall return back to India on or

before 23.09.2023.

(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 above undertakings shall be served by the Applicant/

Petitioner on the Advocates for the Bank of Baroda before the

date of departure.

(d) Within one week of returning to India, namely one week from

23.09.2023, the Applicant/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

SEPTEMBER 14, 2023 Sneha Chavan 502 ial 25730-23 .doc

said expenses. This affidavit shall also be served on the

Advocates for the Bank of Baroda within one week from

23.09.2023.

7. Subject to the above conditions, the look out circular

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

Baroda is suspended upto 23.09.2023. It is clarified that this order

does not apply to any other look out circular or restraint order, if

issued by any other Authority/Agency/Bank.

8. The immigration authorities at all ports of departure

including all airports will permit the Applicant passage and permit

him to take his flights out of the country irrespective of whether the

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

this suspension is noted in the immigration authorities' system or

otherwise.

9. 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.

SEPTEMBER 14, 2023 Sneha Chavan 502 ial 25730-23 .doc

10. The interim application is accordingly disposed of.

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 14, 2023 Signed by: Mrs Sneha N Chavan Sneha Chavan Designation: PS To Honourable Judge Date: 14/09/2023 17:51:03