Swati Paresh Shah vs Union Of India Through The ...
2023 Latest Caselaw 9917 Bom

   2023:BHC-OS:10474-DB


                                                                                               ial 26659-23.doc



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

                                              INTERIM APPLICATION (L) NO. 26659 OF 2023
                                                                 IN
                                                 WRIT PETITION (L) NO. 26655 OF 2023

                              Swati Paresh Shah                                          .. Applicant-Petitioner
           Digitally signed

LAXMI
           by LAXMI
         SUBHASH
         SONTAKKE
                                       Versus
SUBHASH Date:
SONTAKKE 2023.09.26
           18:01:12
           +0530

                              Union of India & Ors.                                               .. Respondents

                                   Mr. Rohan Sawant i/b. Uttam Rane for the Applicant-Petitioner.

                                   Mr. Nishit Dhruva, Niyati Merchant, Yash Dhruva, Harsh Sheth
                                   i/b. MDP & Partners for Union Bank of India.

                                   Mr. P. S. Gujar for Respondent No.1.

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

                                                                 DATE         : SEPTEMBER 26, 2023

                              P. C.

1. Not on board. Mentioned. At the request of the Advocate for

the Applicant-Petitioner taken on board.

2. The above Writ Petition is filed challenging the look out

circular issued at the instance of Bank of Baroda restraining the

Applicant-Petitioner from traveling abroad. In the present Petition, the

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office memorandums issued by the Government of India are also

challenged.

3. By the above Interim Application, the Applicant-Petitioner

seeks permission to travel to Portugal from 26 th September, 2023 [i.e.

today] till 6th October, 2023. The purpose of this travel is to attend a

wedding ceremony. A copy of an invitation is also annexed to the

Interim Application.

4. Mr. Sawant, the learned Counsel appearing for the

Applicant/Petitioner, submitted that in the present case, the Applicant-

Petitioner is a guarantor for the dues owed by the principal borrower

[i.e. P & S Jewellery Ltd.]. He submitted that in the present case, no

criminal proceedings have either been initiated or pending against the

Applicant-Petitioner. Mr. Sawant submitted that considering the right to

travel abroad is recognized as a fundamental right under Article 21 of

the Constitution of India, the Applicant-Petitioner be permitted to travel

to Portugal from 26th September, 2023 to 6th October, 2023 on such

terms and conditions as this Court may deem fit. Mr. Sawant submitted

that the husband of the Applicant-Petitioner has, today, by a separate

order in Interim Application (L) No. 26465 of 2023 in Writ Petition (L)

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No. 26463 of 2023, been granted permission to travel to Portugal to

attend the very same wedding. He, therefore, submitted that the

Applicant-Petitioner also be granted the same permission on the same

terms and conditions.

5. Though Bank of Baroda is duly served with today's

application, none have appeared on their behalf.

6. It is not in dispute that the issues raised in the present

Petition are sub judice before this Court in a bunch of other petitions

and which have been heard by another Division Bench of this Court and

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

parties like the Applicant-Petitioner have been permitted to travel

abroad subject to certain terms and conditions. Considering that the

right to travel abroad is recognized as a fundamental right under Article

21 of the Constitution of India, we grant permission to the Applicant-

Petitioner to undertake the aforesaid travel to Portugal from 26 th

September, 2023 to 6th October, 2023 subject to the following

conditions:-

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a) The Applicant Petitioner is permitted to travel to Portugal subject

to the fact that she departs from India at any time on or before

27th September, 2023. If for any reason she cannot depart before

these dates, then this permission shall lapse

b) The Applicant Petitioner shall file an undertaking in this Court

that she shall strictly adhere to the itinerary mentioned at Exhibit-

A to the Interim Application and shall return back to India on or

before 7th October, 2023. In this undertaking the Applicant-

Petitioner shall also disclose the address/es where she would be

staying along with all contact details.

c) The Applicant-Petitioner shall also file an undertaking that she

shall not apply for renewal and/or extension of this order until

she returns back to India.

d) Both the aforesaid undertakings shall be served on Bank of

Baroda on or before the date of departure.

e) The Petitioner-Applicant, shall within a period of one week of

returning to India, [i.e. within one week from 7 th October, 2023],

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file a separate affidavit stating the expenses incurred by her

during the above travel and the source/s of income used for

funding the said expenses. This Affidavit shall also be served on

Bank of Baroda within one week from 7th October, 2023.

7. Subject to these conditions, the look out circular issued

against the Applicant-Petitioner at the instance of Bank of Baroda is

suspended till 7th October, 2023.

8. It is clarified that this order does not apply to any other look

out circular and/or restraint order, issued by any other

Authority/Court/Agency/Bank.

9. It is further clarified that this permission shall

automatically lapse in the event the Applicant-Petitioner is unable to

undertake the above travel on or before 27th September, 2023.

10. The Immigration Authorities at all ports of departure

including all Airports will permit the Petitioner-Applicant passage and

permit her to take her flights out of the country irrespective of whether

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

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whether this suspension is noted in the Immigration Authorities'

systems or otherwise.

11. The Immigration Authorities shall not insist upon a

certified copy of the order but will act on presentation of an

authenticated or digitally signed copy of this order.

12. The above Interim Application is disposed of in the

aforesaid terms. No order as to costs.

13. 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.]

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