Salil Chaturvedi vs Union Of India Through Its ...
2023 Latest Caselaw 9852 Bom

2023:BHC-OS:10464-DB


                                                               10-IA(L)-25013-2023.doc



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


                      INTERIM APPLICATION (L) NO. 25013 OF 2023
                                        IN
                           WRIT PETITION NO. 2210 OF 2023


            Salil Chaturvedi                                      ...Applicant

                    Versus

            Union Of India Through Its Ministry of Home Affairs   ...Respondents
            And 2 Ors.


                Counsel Dharam Jumani a/w Adv. Vinay Gajjar i/by
                Adv.       Chandrika  Prajapati, Advocates    for
                Petitioner/Applicant.

                L.T. Satalkar, AGP for the State.

                Mr. Anuja Divadkar i/by NDB Law, Advocates for
                Respondent No. 3.

                Mr. Y.R. Mishra a/w Ajinkya Jaibhave, Advocates for
                Respondent No. 1/UOI.

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

                                     DATE       : SEPTEMBER 25, 2023

           P. C.

1. The above Writ Petition is filed by the Applicant/Petitioner

challenging the Look Out Circular (for short "LOC") issued at the

instance of Union Bank of India along with the Office Memorandums

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issued by the Government of India. It is on the basis of these Office

Memorandums that the Union Bank of India has asked the Bureau of

Immigration to issue a LOC against the Applicant/Petitioner.

2. The above Interim Application is filed by the Applicant/Petitioner

seeking permission to travel Tokyo, Japan between 10 th October, 2023

to 15th October, 2023 and to Dubai between 20 th November, 2023 to 30th

November, 2023 for the purposes of business. The itinerary of the

aforesaid travel is also set out at "Exhibit D" to the Interim Application

including the details of where the Applicant/Petitioner would be staying

along with all the flights and contact details.

3. The learned Advocate appearing on behalf of the

Applicant/Petitioner submitted that the issue raised in the above Writ

Petition is sub-judice before this Court in a bunch of other writ petitions

and another Division Bench has heard the said Writ Petitions and

judgment is reserved. He submitted that in the interregnum, parties like

the Applicant/Petitioner have been permitted to travel abroad. He

submitted that on seven previous occasions also the

Applicant/Petitioner has travelled abroad and returned back to India

without breaching any of the terms and conditions imposed upon him.

He submitted that considering that the right to travel is now recognized

as a fundamental right under Article 21 of the Constitution of India, the

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Applicant/Petitioner should be allowed to undertake the aforesaid travel

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

that this is more so in the present case because there are no criminal

proceedings either initiated or pending against the Applicant/Petitioner.

4. On the other hand, the learned Advocate appearing on behalf of

the Union Bank of India, submitted that huge amounts are outstanding

(Rs. 92.66 Crores) against the Applicant/Petitioner. She submitted that

the Applicant/Petitioner ought not to be permitted to travel abroad

without either first paying the dues of the Bank and/or securing the

same to the satisfaction of this Court.

5. We have heard learned counsel for the parties. We have also

perused the papers and proceedings in the above Interim Application. It

is not in dispute that the issues raised in the above Writ Petition have

already been heard by another Division Bench of this Court (in a bunch

of other petitions) and in which the Judgment is reserved. It is also not

in dispute that in the interregnum, parties like the Applicant/Petitioner

had been granted permission to travel abroad subject to terms and

conditions being imposed. Considering that the Applicant/Petitioner

has been given permission to travel abroad in the past and he has

returned back to India without breaching any of the conditions imposed

upon him, coupled with the fact that there are no criminal proceedings

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either initiated or pending against the Applicant/Petitioner, the

Applicant/Petitioner is permitted to travel to Tokyo, Japan between 10 th

October, 2023 to 15th October, 2023 and to Dubai, UAE between 20 th

November, 2023 to 30th November, 2023 subject to the following terms

and conditions:

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

Court stating that he will strictly adhere to the itinerary more

particularly set out at "Exhibit D" to the above Interim

Application and that he shall return back to India from Japan on

or before the 16th October, 2023 and from UAE on or before 1st

December, 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 this Country.

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

for the Union Bank of India on or before the date of departure.

(d) Considering that the Applicant/Petitioner has sought this

permission to travel abroad for business purposes, within 1 week

of returning to India, i.e. within 1 week from 16th October, 2023 as

well as within 1 week from 1 st December, 2023 the

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Applicant/Petitioner shall file two separate affidavits 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 Affidavits, shall also state the

expenses incurred by him during the above travel and the

source/s of income used for funding the said expenses. Both these

Affidavits shall be served upon the Advocates for the

Respondent/Bank within a period of 1 week from 16 th October,

2023 and 1st December, 2023 respectively.

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

Applicant/Petitioner at the instance of the Union Bank of India shall

stand suspended from 10th October, 2023 to 16th October, 2023 and

thereafter from 20th November, 2023 to 1st December, 2023 respectively.

7. It is clarified that this Order does not apply to any other LOC or

restraint order, if issued by any other Authority/Court/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 Union Bank of

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India has notified the authorities 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.

10. The above Interim Application is disposed of in the aforesaid

terms. However, 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 25, 2023
                      Shubham Talle

Signed by: Shubham A Talle
Designation: PA To Honourable Judge
Date: 26/09/2023 17:38:51