Shamik Apparao vs Mamta Kishore Apparao And 6 Ors
2023 Latest Caselaw 9970 Bom

                                                         6 ial 26684-23.doc



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

               INTERIM APPLICATION (L) NO. 26684 OF 2023
                                 IN
                    WRIT PETITION NO. 621 OF 2022

Shamik Apparao                          .. Applicant/Petitioner No.2

In the matter between:

Mamta Kishore Apparao and Anr.          .. Petitioners
   Versus

Bank of Baroda & Ors.                   .. Respondents

     Mr.Priyank Kapadia with Mr. Dikshat Mehra, Ms. Honey
     Chandani i/b Rajani Associates for the Applicant/Petitioners.

     Mr. Simran Dani a/w H.Kar and M. Adhikari i/b Interjuris,
     Advocates for Respondent No.1.
     Mr. Nainesh Amin i/b N.N. Amin & Co, Advocates for
     Respondent No.2/IDBI.
     Mr. Dhaval Patil i/b K.Ashar & Co., Advocates for Respondent
     No.3.
     Ms. Savita Ganoo a/w D.P. Singh, Advocates for Respondent
     Nos. 4 and 5.

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

                            DATE        : SEPTEMBER 27, 2023

P. C.

1. The above writ petition is filed inter alia challenging the Look

Out Circular issued against the Petitioners at the instance of Bank of

Baroda. The above Interim Application is filed by the Petitioner No.2

SEPTEMBER 27, 2023 Sneha Chavan 6 ial 26684-23.doc

seeking permission of this Court to travel to Dubai from 28.09.2023

to 06.10.2023 for business purposes. The reason for the travel is also

set out in the Interim Application.

2. The learned counsel appearing on behalf of the Petitioners

submitted that in the present case, the Applicant/Petitioner No.2 has

been granted permission in the past to travel abroad for business

purposes and he has returned back to India without breaching any of

the conditions imposed upon him. He submitted that there are no

criminal proceedings either initiated or pending against the

Applicant/Petitioner No.2. In these circumstances, he submitted

that the Applicant/Petitioner No.2 be permitted to travel to Dubai on

the dates mentioned above on such terms and conditions as this

Court may deem fit. To be fair, the Applicant/Petitioner No.2 has

also been brought to our attention that by order dated 21.12.2022,

this Court had inter alia imposed a condition that the Applicant shall

disclose on affidavit all assets movable or immovable, and until

further orders of this Court, he shall not alienate or create third party

interest in respect of those assets. The learned Counsel submitted

that this additional condition can also be imposed.

SEPTEMBER 27, 2023 Sneha Chavan 6 ial 26684-23.doc

3. On the other hand, the learned Counsel appearing on behalf of

Bank of Baroda vehemently opposed the above interim application.

He submitted that the Applicant/Petitioner No.2 has been declared

as willful defaulter in February 2021 and a huge amount [Rs.124

crores] is outstanding from principal borrower [TAG Offshore Ltd]

and for which dues, the Petitioners have stood as guarantors. In

these circumstances, he submitted that the Applicant/Petitioner No.2

ought not to be granted any permission to travel abroad unless the

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

4. We have heard the 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 are subjudice before this Court in a bunch of other

petitions and which have been heard by another Division Bench and

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

interregnum, parties like the Applicant/Petitioner No.2 have been

permitted to travel abroad for business as well as for personal

reasons. In the facts of the present case, the Applicant/Petitioner

No.2 himself has been granted permission to travel abroad on several

previous occasions and he has returned back to India without

SEPTEMBER 27, 2023 Sneha Chavan 6 ial 26684-23.doc

breaching any of the terms and conditions imposed upon him.

Further, in the facts of the present case, there are no criminal

proceedings, either initiated or pending against the

Applicant/Petitioner No.2. Considering these circumstances, we are

of the opinion that the Applicant/Petitioner No.2 can be granted

permission to travel to Dubai from 28.09.2023 to 06.10.2023 on the

following terms and conditions:

a) The Applicant/Petitioner No.2 shall file an undertaking

setting out a detailed itinerary of the above travel including the

address/s of the hotels where he would be staying along with all

other contact details. This undertaking shall also state that the

Applicant/Petitioner No.2 shall return back to India on or before

07.10.2023.

b) The Applicant/Petitioner No.2 shall also file an

undertaking not apply for renewal or extension of this order until he

returns back to India.

c) Both the aforesaid undertakings shall be served on the

Advocate for Bank of Baroda before the date of departure.

d) Considering that the Applicant/Petitioner No.2 is

traveling for business purposes, within one week from 07.10.2023,

the Applicant/Petitioner No.2 shall file a separate affidavit explaining

SEPTEMBER 27, 2023 Sneha Chavan 6 ial 26684-23.doc

the business meetings which held during the above travel and with

whom, together with contact details of the persons he met and the

details of the business he was able to generate, if any. In this affidavit

the Applicant/Petitioner No.2 shall also state the expenses incurred

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

funding the said expenses.

e) Over and above this affidavit, the Applicant/Petitioner

No.2 shall file a further undertaking/affidavit setting out his movable

and immovable assets and stating therein that until further orders of

the Court, he shall not dispose of the same and/or create any third

party rights, title and/or interest in the said assets.

f) Both the above affidavits shall be filed in this Court as

well as served on the advocates for Bank of Baroda within a period of

one week from 07.10.2023.

5. Subject to the above conditions, the Look Out Circular issued

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

No.2 is suspended upto 07.10.2023. It is clarified that this order does

not apply to any other Look Our Circular and/or restraint order, if

issued by any other Authority/Court/Agency/Bank.

SEPTEMBER 27, 2023 Sneha Chavan 6 ial 26684-23.doc

6. The immigration authorities at all ports of departure,

including all airports, will permit the Applicant/Petitioner No.2

passage and allow him to take his flights out of the country

irrespective of whether Bank of Baroda has notified the authorities or

not and irrespective of whether this suspension is noted in the

immigration authorities' systems or otherwise.

7. The immigration authorities shall 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.

8. The above Interim Application is disposed of in the

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

9. 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 27, 2023
Signed by: Mrs Sneha N Chavan Sneha Chavan
Designation: PS To Honourable Judge
Date: 27/09/2023 15:16:10