Bombay High Court
Rakesh Biyani vs Deputy Director Bureau Of ... on 20 September, 2023
Bench: B.P. Colabawalla, M. M. Sathaye
2023:BHC-OS:10168-DB
8-IA(L)-23587-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 23587 OF 2023
IN
WRIT PETITION (L) NO. 23585 OF 2023
Rakesh Biyani .. Applicant/
Petitioner
Versus
Deputy Director Bureau of
Imigration and Anr. .. Respondents
Mr. Ankit Lohia a/w Mr. Nirman Sharma, Ms.
Krishna Baruah, Mr. Kewal Buddhdev, i/b ALMT
Legal,Advocates for the Applicant/Petitioner.
Mr. Arjun Gupta, Advocate for Respondent Nos. 1 and 2.
Ms. Akansha Hambir i/b. Rathina Maravarman
Advocates for Respondent No. 3.
CORAM : B. P. COLABAWALLA &
M.M. SATHAYE, JJ.
DATE : SEPTEMBER 20, 2023
P. C.
1. The above Interim Application is filed by the
Applicant/Petitioner seeking permission of this Court to travel
abroad. This permission is necessitated in the light of the fact that a
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Look Out Circular has been issued against the Applicant/Petitioner at
the instance of State Bank of India.
2. The above Writ Petition is filed inter-alia challenging the
Office Memorandums issued by the Government of India and for
declaring the same as unconstitutional, ultra vires, invalid and of no
legal effect. It is on the basis of these Office Memorandums that the
State Bank of India has written to the Bureau of Immigration to issue
a Look Out Circular against the Petitioner.
3. Mr.Lohia, the learned Counsel appearing on behalf of
the Applicant/Petitioner, submitted that these very Office
Memorandums, and which are challenged in the above Writ Petition,
are also challenged in a bunch of other Writ Petitions pending before
this Court. Those Writ Petitions have been heard by another Bench
of this Court and the Judgment is reserved. He submitted that the
Petitioner will await the decision given by the said Division Bench.
He submitted that in the interregnum, parties like the Petitioner have
been permitted to travel abroad for business as well as personal
reasons subject to the certain terms and conditions imposed. He
submitted that in the present case, there are no criminal proceedings,
either initiated or pending against the Petitioner. Considering that
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the right to travel abroad is recognized as a fundamental right under
Article 21 of the Constitution of India, the Petitioner be allowed to
travel abroad, was the submission.
4. Mr. Lohia submitted that though the above Interim
Application is filed seeking permission to travel abroad from
23/09/2023, the dates of travel have now changed and the
Applicant/Petitioner seeks to travel to London, Paris and Dubai from
30/09/2023 and returned back to India on 11/10/2023. In this
regard Mr. Lohia brought to our attention paragraph 4 of the
Additional Affidavit dated 20/09/2023 filed by the Petitioner, in
which the detailed itinerary is set out, including the hotels and
residences where the Petitioner would be staying during his travel.
He therefore submitted that the Petitioner be allowed to travel to
London, Paris and Dubai respectively.
5. The learned Advocate appearing on behalf of the State
Bank of India vehemently opposed granting of any permission. She
submitted that the principal borrower namely Future Retail Ltd. has
an outstanding of approximately Rs. 990 crores to State Bank of
India and for which the Petitioner has stood as a Guarantor. She
submitted that until the outstandings of the Bank are either paid or
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secured, the Petitioner ought not to be granted any permission to
travel abroad.
6. We have heard the learned Counsel for the parties. We
have also perused the papers and proceedings in the above Interim
Application. It is now well settled that the right to travel abroad has
been recognized as a fundamental right under Article 21 of the
Constitution of India. When one takes this into consideration,
coupled with the fact that no criminal proceedings are either initiated
or pending against the Petitioner, we are of the opinion that the
Petitioner can be granted permission to travel abroad subject to the
following conditions :
(a) The Applicant/Petitioner shall file an undertaking
stating therein that he will strictly adhere to the itinerary
mentioned in paragraph 4 of the Additional Affidavit dated
20/09/2023. In the aforesaid undertaking, the
Applicant/Petitioner shall also give the contact details of the
persons and/or hotels in which he is going to stay/reside. This
undertaking shall also set out that the Applicant/Petitioner
shall return back to India on or before 12/10/2023.
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(b) The Applicant/Petitioner shall also file another
undertaking not to apply for renewal or extension of this
Order until he returns back to India.
(c) Copies of both the above undertakings shall be served
upon the advocates for the State Bank of India, before the
date of departure.
(d) Since the Petitioner is travelling partly for business and
partly for leisure, we direct that within one week of returning
to India, namely within one week from 12.10.2023, 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. This
affidavit shall also be served on the Advocates for the State
Bank of India within one week from 12/10/2023.
7. Subject to the above conditions, the Look Out Circular
issued against the Applicant/Petitioner, at the instance of State Bank
of India, stands suspended until 12/10/2023. It is clarified that this
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order does not suspend any other Look Out Circular or restraint
order, if issued by any other agency/ authority/ Court/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 State Bank of India has notified the authorities about the
said suspension or not and irrespective of whether this suspension is
noted in the immigration authorities' systems or otherwise.
9. The immigration authorities shall 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 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 20, 2023
Signed by: Yugandhara Patil Yugandhara Patil
Designation: PA To Honourable Judge
Date: 21/09/2023 17:32:57
