Bombay High Court
Shamik Apparao vs Mamta Kishore Apparao And 5 Ors on 27 August, 2024
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2024:BHC-OS:13055-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (LODGING) NO.26253 OF 2024
IN
WRIT PETITION NO.621 OF 2022
Shamik Apparao ]
R/of Worli, Mumbai. ] .. Applicant-Org. Petitioner No.2
In the matter between
1. Mamta Kishore Apparao ]
2. Shamik Apparao ] .. Petitioners
Versus
1. Bank of Baroda, Samachar Marg, Mumbai ]
2. IDBI Bank Ltd., Cuffe Parade, Mumbai ]
3. Reserve Bank of India, Mumbai ]
4. Union of India, ]
Through Ministry of Home Affairs ]
5. Bureau of Immigration CSI, Mumbai ] .. Respondents
Mr. Dikshat Mehra with Ms. Honey Chandnani, Advocates, i/by Rajani
Associates, for the Applicant-Original Petitioner No.2.
Ms. Sonali Sinha Naik, Advocate, i/by Interjuris, for Respondent No.1.
Mr. Arindam Mahapatra with Mr. Nainesh Amin, Advocates, i/by N.N.
Amin & Co., for Respondent No.2.
Mr. Dhaval Patil with Mr. Shreyas Menkudale, Advocates, i/by K. Ashar &
Co., for Respondent No.3.
Mrs. Savita Ganoo with Mr. D.P. Singh, Advocates for Respondent Nos.4
and 5.
Mrs. Rathina Maravarman, Advocate for Respondent No.3-Bank of Baroda
in IA(L)/26176/2024.
Ms. Sneha Mishra, i/by Mr. Jamshed Ansari, Advocates for Respondent
No.3-Union Bank of India in IA(L)/26258/2021
Mr. Harsh Sheth, Advocate for Respondent No.3-Punjab National Bank in
IA(L)/26311/2024.
CORAM : A.S. CHANDURKAR &
RAJESH S. PATIL, JJ
DATE : 27TH AUGUST, 2024.
signed by
SNEHA SNEHA
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Date:
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17:42:54
+0530
P.C. :
1. Writ Petition No.621 of 2022 that was preferred by the applicant-
original petitioner no.2 came to be decided with a batch of other writ
petitions wherein challenge to the authority of creditors to seek issuance
of Look Out Circulars was under challenge. It is common ground that the
judgment of this Court dated 23rd April 2024 in Writ Petition No.719 of
2020, along with connected matters, is the subject matter of challenge
before the Supreme Court in Special Leave Petition Nos.17194-17230 of
2024 (Union of India and Ors. Vs. Viraj Chetan Shah and Ors.) . In view of
the order dated 12th August 2024, the present interim application has been
moved seeking leave to travel abroad.
2. The applicant-original petitioner no.2 intends to travel to Geneva
from 28th August 2024 and he would be returning before 2 nd September
2024. It is common ground that by an earlier order dated 3 rd April 2024, a
similar permission was sought and granted to the applicant-original
petitioner no.2. It is not the grievance of the Banks that the conditions
imposed by that order were flouted.
3. In view of the aforesaid, the applicant-original petitioner no.2 is
permitted to travel to Geneva between the period from 28 th August 2024
to 1st September 2024 on the following conditions :
(i) The applicant-original petitioner no.2 shall file an
undertaking in this Court setting out a detailed
itinerary of the above travel including the airline
tickets, addresses of the hotels where he would be
staying during the above travel, along with other
contact details. This undertaking shall also state that
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the applicant-original petitioner no.2 shall return to
India on or before 2nd September 2024.
(ii) The applicant-original petitioner no.2 shall also file
another undertaking not to apply for renewal and/or
extension of this order until he returns to India.
(iii) Both the aforesaid undertakings shall be served on the
Advocates for Bank of Baroda before the date of
departure.
(iv) Considering that the applicant-original petitioner no.2
is traveling for business purposes, within one week
from 5th September 2024, he 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 he met and the
details of the business he was able to generate, if any.
In this affidavit, the applicant-original 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 with necessary proof. This
affidavit shall also be served on the Advocates for
Banks within a period of one week from 5th September
2024.
4. Subject to the above conditions, the Look Out Circulars issued at the
instance of the Bank/s against the applicant-original petitioner no.2 are
suspended upto 5th September 2024. It is clarified that this order does not
apply to any other Look Out Circular and / or restraint order, if issued by
any other Authority / Court / Agency / Bank.
5. The Immigration Authorities at all Ports of Departure including all
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Airports will permit the applicant-original petitioner no.2 passage and
allow him to take his flights out of the country irrespective of whether the
Bank/s have been notified or not and irrespective of whether this
suspension is noted in the Immigration Authorities' systems or otherwise.
6. The Immigration Authorities shall not insist upon a certified copy of
this order but will act on presentation of an authenticated or digitally
signed copy of this order.
7. The interim application is disposed of in aforesaid terms. No costs.
[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]
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