Bombay High Court
Pradeep Agarwal vs Union Of India And 2 Ors on 27 August, 2024
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2024:BHC-OS:13054-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (LODGING) NO.26176 OF 2024
IN
WRIT PETITION NO.937 OF 2022
Pradeep Agarwal, ]
R/of Worli, Mumbai. ] .. Applicant-Org. Petitioner
Versus
1. Union of India, ]
Through Ministry of Home Affairs ]
2. Bureau of Immigration/ ]
Intelligence Bureau, New Delhi ]
3. Bank of Baroda, Bandra (E), Mumbai ] .. Respondents
ALONG WITH
INTERIM APPLICATION (LODGING) NO.26258 OF 2024
IN
WRIT PETITION NO.3374 OF 2022
Pradeep Agarwal, ]
R/of Worli, Mumbai. ] .. Applicant-Org. Petitioner
Versus
1. Union of India, ]
Through Ministry of Home Affairs ]
2. Bureau of Immigration/ ]
Intelligence Bureau, New Delhi ]
3. Union Bank of India, ]
Nariman Point, Mumbai ] .. Respondents
ALONG WITH
INTERIM APPLICATION (LODGING) NO.26311 OF 2024
IN
WRIT PETITION (LODGING) NO.17482 OF 2022
Pradeep Agarwal, ]
R/of Worli, Mumbai. ] .. Applicant-Org. Petitioner
Versus
1. Union of India, ]
Through Ministry of Home Affairs ]
2. Bureau of Immigration/ ]
Intelligence Bureau, New Delhi ]
3. Punjab National Bank, ]
Cuffe Parade, Mumbai ] .. Respondents
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Mr. Sumit Khanna, Advocate, i/by Dewani Associates, for the Applicant-
Original Petitioner.
Mrs. Savita Ganoo with Mr. D.P. Singh, Advocates for Respondent Nos.1
and 2.
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.
P.C. :
1. Writ Petition No.937 of 2022 that was preferred by the applicant-
original petitioner 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. We have heard the learned counsel for the parties. It is seen that on
an earlier occasion, a similar permission was sought and granted by the
order dated 11th April 2023. It is not the grievance of the creditors that the
conditions imposed by that order were flouted.
3. In view of the aforesaid, the applicant-original petitioner is
permitted to travel abroad between the period from 29 th August 2024 to
6th September 2024 on the following conditions :
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(i) The applicant-petitioner 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 the applicant-
petitioner shall return back to India on or before 7 th
September 2024.
(ii) The applicant-petitioner shall also file another
undertaking not to apply for renewal or extension of
this order until he returns back to India.
(iii) Both the aforesaid undertakings shall be served on the
Advocates for Bank/s before the date of departure.
(iv) Within one week from 7th September 2024, the
applicant-petitioner shall file a separate 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/s within a period of
one week from 7th September 2024.
4. Subject to the above conditions, the Look Out Circulars issued at the
instance of the Bank/s against the applicant-petitioner are suspended upto
7th 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
Airports will permit the applicant-petitioner passage and allow him to take
his flights out of the country irrespective of whether the Bank/s have
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notified the Authorities about the said suspension or not and irrespective
of whether this suspension is noted in the Immigration Authorities'
systems or not.
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 applications are disposed of in aforesaid terms. No
costs.
[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]
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