Bombay High Court
Hiten Dhirajlal Mehta vs Union Of India Through Principal ... on 1 April, 2024
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2024:BHC-OS:5419
8-OSIAL-10390-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.10390 OF 2024
IN
WRIT PETITION (ST) NO. 10384 OF 2024
Hiten Dhirajlal Mehta ...Applicant
IN THE MATTER BETWEEN
Hiten Dhirajlal Mehta ...Petitioner
Versus
Union of India through the Principal ...Respondents
Secretary & Ors.
Mr. Rohit Agarwal, Devang Manjrekar & Kruti Bhavsar,
Advocates for the Applicant/Petitioner.
Mr. Ashutosh Mishra, Advocate for Respondent Nos.1 & 2.
Mr. Archit Virmani, Shweta Tingre, Advocates for Respondent
No.3.
CORAM : B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN, JJ.
DATE : APRIL 01, 2024
P. C.
1. The above Interim Application is filed by the
Applicant/Petitioner seeking permission to travel to Thailand from 6 th
April, 2024 to 11th April, 2024 for leisure purposes. The
Digitally
signed by
ASHWINI
ASHWINI JANARDAN
JANARDAN VALLAKATI
VALLAKATI Date:
Applicant/Petitioner is seeking to travel for the first time after the
2024.04.01
05:26:19
+0530
APRIL 01, 2024
Ashwini Vallakati
8-OSIAL-10390-2024.doc
issuance of a Look Out Circular against him at the instance of Bank of
Baroda (Respondent No.3), and which circular is also challenged in the
above Writ Petition.
2. Mr. Agarwal, the learned counsel appearing on behalf of the
Applicant/Petitioner has brought to the attention of the Court that
criminal proceedings have been initiated by Bank of Baroda
(Respondent No.3) against the Applicant/Petitioner and the concerned
Criminal Court, pursuant to order dated 18 th March, 2024, has also
granted him permission to undertake the above travel. The learned
counsel submitted that considering that the right to travel abroad is
recognized as a fundamental right under Article 21 of the Constitution of
India, coupled with the fact that the CBI Special Court has also granted
permission vide its order dated 18th March 2024, the
Applicant/Petitioner be permitted to travel to Thailand from 6 th April,
2024 to 11th April, 2024 on such terms and conditions as this Court may
deem fit.
3. On the other hand, Mr. Virmani, the learned counsel
appearing on behalf of the Bank of Baroda, submitted that huge
amounts (approximately Rs.50 Crores) are due and payable by the
APRIL 01, 2024
Ashwini Vallakati
8-OSIAL-10390-2024.doc
Applicant/Petitioner as a borrower. This apart, he submitted that
criminal proceedings have also been initiated and the
Applicant/Petitioner has been chargesheeted as one of the Accused.
Looking at all these facts and circumstances, the learned counsel
submitted that until the dues of Bank of Baroda are either paid and/or
adequately secured, no permission ought to be granted to the
Applicant/Petitioner to undertake the aforesaid travel.
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 issues raised in the above Writ
Petition have already been heard by another Division Bench of this
Court (in a bunch of other Writ Petitions) and Judgment is reserved. It
is also not in dispute that in the interregnum, parties like the Petitioner
have been granted permission to travel abroad subject to terms and
conditions being imposed upon them. Considering that the right to
travel is recognized as a fundamental right under Article 21 of the
Constitution of India, coupled with the fact that the
Applicant/Petitioner has also obtained permission to undertake the
above travel by the CBI Special Court, we are of the opinion that the
Applicant/Petitioner can be permitted to travel to Thailand from 6 th
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Ashwini Vallakati
8-OSIAL-10390-2024.doc
April, 2024 to 11th April, 2024 subject to the following terms and
conditions.
(a) The Applicant/Petitioner shall file an undertaking in this Court
that he shall strictly abide by the itinerary more particularly set
out at Exhibit "F" to the Interim Application and that he shall
return back to India on or before 12th April, 2024.
(b) The Applicant/Petitioner shall also file an undertaking stating that
he will not apply for renewal or extension of this order until he
returns back to India.
(c) The aforesaid undertakings shall be served on the Advocates for
Bank of Baroda before the date of departure.
(d) Within 1 week of returning to India, namely, within 1 week from
12th April, 2024, the Applicant/Petitioner shall file an affidavit
setting 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 Bank of
Baroda within 1 week from 12th April, 2024.
5. Subject to above conditions, the Look Out Circular issued at
the instance of Bank of Baroda against the Applicant/Petitioner is
suspended upto 12th April, 2024. It is clarified that this order does not
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8-OSIAL-10390-2024.doc
apply to any other Look Out Circular and/or restraint order, if any,
issued by any other Authority/Agency/Court/Bank.
6. The immigration authorities at all ports of departure,
including all airports, will permit the Applicant/Petitioner passage and
permit the Applicant/Petitioner to take his flights out of the country
irrespective of whether Bank of Baroda have notified them or not and
irrespective of whether this suspension is noted in the immigration
authorities' systems or otherwise.
7. The immigration authorities will not insist upon a certified
copy of this order but will act on presentation of an authenticated or
digitally signed copy of this order.
8. The 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.
[ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]
APRIL 01, 2024
Ashwini Vallakati
