Bombay High Court
Kishore Biyani vs Deputy Director Bureau Of ... on 27 September, 2023
Bench: B.P. Colabawalla, M. M. Sathaye
2023:BHC-OS:10602
This Order is Speaking to Minutes order of order dated //
Praecipe 1 second IA(L)-26104-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 26104 OF 2023
IN
WRIT PETITION (L) NO. 26043 OF 2023
Kishore Biyani ...Applicant/Petitioner
Versus
Deputy Director Bureau of Immigration ...Respondent
Mr. Nirman Sharma a/w. Mr. Kewal Buddhdeve i/b. ALMT Legal,
for Applicant/Petitioner.
Mr. M.S. Bharadwaj a/w. Mr. Ashutosh Mishra, for UOI.
Ms. Akanksha Hambir i/b. Rathina Marraraman, for Bank of
Baroda and Union Bank of India.
CORAM : B. P. COLABAWALLA &
M.M. SATHAYE, JJ.
DATE : SEPTEMBER 27, 2023
P. C.
1. The above Interim Application is moved by the learned
Advocate appearing on behalf of the Applicant/Petitioner for speaking
SEPTEMBER 27, 2023
Husen
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to the minutes of the Order dated 25.09.2023. He has pointed that in
paragraph 10 of the said Order the words "will not act" should be
substituted with the words "will act".
2. In these circumstances, in paragraph 10 of the Order dated
25.09.2023 the words "will not act" shall be substituted with the words
"will act".
3. No further correction is sought. The correction shall be
carried out in the original Order as well as in the copy uploaded on the
server.
4. 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.]
For the sake of convenience, the Order dated 25.09.2023 (as corrected)
reads thus:
SEPTEMBER 27, 2023
Husen
This Order is Speaking to Minutes order of order dated //
Praecipe 1 second IA(L)-26104-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 26104 OF 2023
IN
WRIT PETITION (ST) NO. 26043 OF 2023
Kishore Biyani ...Applicant
Versus
Deputy Director Bureau Of Immigration ...Respondent
Mr. Navroz Seervai, Sr. Counsel a/w Mr. Ankit Lohia, Krishna
Baruah, i/by ALMT Legal Advocates for Petitioner.
Mr. M.S. Bhardwaj, Advocates for Respondent Nos. 1 & 2.
Mrs. Rathina Marvarman a/w Ms. Akansha Hambir, Advocates
CORAM : B. P. COLABAWALLA &
M.M. SATHAYE, JJ.
DATE: SEPTEMBER 25, 2023
P. C.
1. The above Interim Application is filed seeking permission to
travel to London, United Kingdom as well as to Italy as per the proposed
itinerary Exhibit-C of the above Interim Application. Since the itinerary
has now undergone a slight change, an additional affidavit is filed
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wherein the new itinerary is set out in paragraph 3 of the additional
affidavit dated 25th September, 2023.
2. To put in a nutshell, the date of departure from India as well as
the date of arrival back into India remains the same. However the basic
change is that instead of going only to London and Italy, the Applicant/
Petitioner would also be going to Paris, France. The entire purpose of
this trip is for the purposes of business as more particularly set out in
the Interim Application as well as in the additional affidavit. In the
additional affidavit, the Applicant/Petitioner has also set out a list of
proceedings (Civil and Criminal) which have been filed against the
Applicant/Petitioner and which are pending.
3. Mr. Seervai, the learned Senior Counsel appearing on behalf of
the Applicant/Petitioner submitted that notwithstanding these
proceedings, the Applicant/Petitioner be permitted to travel abroad
especially for business purposes. He submitted that the
Applicant/Petitioner would be traveling from 29 th September, 2023 to
5th October, 2023 as more particularly set out in paragraph 3 of the
additional affidavit dated 25th September, 2023. Mr. Seervai, submitted
that in the above Writ Petition, the Look Out Circular (for short "LOC")
issued at the instance of State Bank of India along with the Office
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Memorandum issued by the Government of India have been challenged
in the present Writ Petition. He submitted that the issue raised in the
present Writ Petition are also raised in a bunch of other Petitions which
are already heard by another Division Bench of this Court, and the
Judgment is reserved. He submitted that in the interregnum, parties
like the Petitioner have been permitted to travel abroad for business as
well as personal reasons especially considering that the right to travel
abroad is now recognized as a fundamental right under Article 21 of the
Constitution of India. He, therefore, submitted that the
Applicant/Petitioner be permitted to travel abroad subject to such terms
and conditions as this Court may deem fit.
4. On the other hand, the learned Advocate appearing on behalf of
the State Bank of India submitted that there are several Civil and
Criminal proceedings that are pending against the Applicant/Petitioner
and which are more particularly set out in Exhibit-C to the above
Interim Application. She submitted that huge amounts (approximately
Rs.990 Crores) are outstanding from the principal borrower (Future
Retail Limited), and for which the Applicant/Petitioner has stood as a
guarantor. She submitted that until the outstanding of the bank are
either paid or secured, the Applicant/Petitioner ought not to be granted
any permission to travel abroad.
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5. The learned Advocate appearing on behalf of the Respondent Nos.
1 and 2 submitted that the Bureau of Immigration has just been served
with the above Writ Petition and he is unaware whether any LOC has
been issued at the instance of State Bank of India against
Applicant/Petitioner. He therefore sought a short accommodation for
the purposes of verifying the factual position.
6. We have heard the learned Counsel for the parties at some length.
We have also perused the paper and proceedings in the above Interim
Application. As far as the Bureau of Immigration is concerned, we do
not think, that any time is required to be given to factually ascertain
whether any LOC has been issued at the instance of State Bank of India.
If none has been issued, then there is no question of the
Applicant/Petitioner not being allowed to travel. If on the other hand,
such a LOC has been issued, then the same would be governed by this
Order.
7. As far as the Applicant/Petitioner's right to travel abroad is
concerned, it is now recognized at the fundamental right under Article
21 of the Constitution of India. Though several Civil and Criminal
proceedings are pending against the Applicant/Petitioner, we do not
find that merely due to the pendency of these proceedings, the
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Applicant/Petitioner ought not to be granted permission to travel,
especially when he is undertaking this travel for a period of less than a
week and is purely for business purposes. As far as securing the claim of
the Bank is concerned, it is not in dispute that State Bank of India has
already filed recovery proceedings against the Applicant/Petitioner in
the Debt Recovery Tribunal and it is free to seek whatever Orders it
deems necessary in those proceedings. When we take all these facts into
consideration, we are of the opinion that the Applicant/Petitioner can
be granted permission to travel to the United Kingdom, France and Italy
as per the itinerary more particularly set out in paragraph 3 of the
additional affidavit dated 25th September, 2023 subject to the following
terms and conditions :
(a) The Applicant/Petitioner shall file an undertaking in this
Court stating therein that he shall strictly abide by the itinerary
mentioned in the paragraph 3 of the additional affidavit dated 25 th
September, 2023. This undertaking shall also set out the
addresses of the Hotels where he would be staying along with all
other contact details. This undertaking shall also state that the
Applicant/Petitioner shall return back to India on or before the 6 th
October, 2023.
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(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 State Bank of India 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 6th October, 2023,
the Applicant/Petitioner shall file a separate affidavit
explaining the business meetings which he held during the above
travel 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 Affidavit, shall also state
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 1 week from 6th October, 2023.
8. Subject to the above conditions, the LOC if any, issued against the
Applicant/Petitioner at the instance of the State Bank of India shall
stand suspended till 6th October, 2023. It is clarified that this Order does
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not apply to any other LOC or restraint order, if issued by any other
Authority/ Court/ Agency/ Bank.
9. 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 or not and irrespective of whether this
suspension is noted in the immigration authorities' system or otherwise.
10. 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.
11. At this stage, Mr Seervai the learned Counsel appearing on behalf
of the Applicant/Petitioner, requested the Court to direct the Bureau of
Immigration to inform the Advocate for the Applicant/Petitioner if any
other LOC has been issued against the Applicant/Petitioner at the
instance of any other party [other than the State Bank of India]. He
submitted that this would be necessary because the order passed today
ought not to be frustrated whereby the Applicant/Petitioner goes to the
Airport to undertake his travel and then he is informed that another
LOC has been issued at the instance of some other party.
SEPTEMBER 27, 2023
Husen
This Order is Speaking to Minutes order of order dated //
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12. We find this request to be reasonable. In these circumstances, we
direct the Bureau of Immigration to inform the Advocate for the
Applicant/Petitioner whether any other LOC has been issued at the
instance of any other party [other than State Bank of India]. This
information should be furnished to the Advocate for the
Applicant/Petitioner on or before the 27th September, 2023.
13. The above Interim Application is disposed of in the aforesaid
terms. However, no order as to costs.
14. 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
Husen
Signed by: Husen Nadaf
Designation: PA To Honourable Judge
Date: 27/09/2023 15:53:45
