Sujit Rajkumar Tiwari vs Deputy Director, Bureau Of ...
2024 Latest Caselaw 24829 Bom

Citation : 2024 Latest Caselaw 24829 Bom
Judgement Date : 27 August, 2024

Bombay High Court

Sujit Rajkumar Tiwari vs Deputy Director, Bureau Of ... on 27 August, 2024

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

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

                   WRIT PETITION (LODGING) NO.25196 OF 2024
Sujit Rajkumar Tiwari                                  ]
R/of Kandivali (East), Mumbai                          ]        .. Petitioner
           Versus
1. Deputy Director,                                    ]
   Bureau of Immigration, New Delhi                    ]
2. Ministry of Home Affairs,                           ]
   New Delhi                                           ]
3. Bank of Baroda,                                     ]
   Princess Street, Mumbai                             ]        .. Respondents

Mr. Mayank Joshi (through V.C.) with Mr. Sumedh Sonawane, Advocates for the Petitioner.

Mr. D.P. Singh, Advocate for Respondent Nos.1 and 2. Mr. Anand Shinde, Advocate for Respondent No.3.

CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 27TH AUGUST, 2024.

[ THROUGH HYBRID HEARING ]

P.C. :

1. The challenge raised in this writ petition is to the issuance of the

Look Out Circular at the behest of the 3 rd respondent - Bank of Baroda.

The said Look Out Circular has been issued on the premise that the

petitioner as a Director - Gurantor has defaulted in repaying the amounts

advanced by the Bank to him.

2. It is not in dispute that the larger issue as regards validity of the

Look Out Circulars has been decided by the Coordinate Bench of this

903-WP(L)-25196-2024.doc Dixit

Court in the case of Viraj Chetan Shah Vs. Union of India, through the

Ministry of Home Affairs and Anr., (Writ Petition No.719 of 2020, along

with connected matter, decided on 23 rd April 2024). The said judgment 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 12 th August 2024, the

parties are required to obtain leave of the Court to travel abroad.

3. We have accordingly heard the learned counsel for the petitioner as

well as the learned counsel for the Bank. Since the petitioner intends to

travel abroad for his business engagements, we are inclined to permit the

petitioner to undertake the same subject to following conditions :

(i) The 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 petitioner shall return to India on or before 18th September 2024.

(ii) The petitioner 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.

903-WP(L)-25196-2024.doc Dixit

(iv) Considering that the petitioner is traveling for business purposes, within one week from 18th 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 petitioner 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 Bank of Baroda within a period of one week from 18th September 2024.

4. Subject to the above conditions, the Look Out Circular issued at the

instance of Bank of Baroda against the petitioner is suspended upto 18 th

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 petitioner passage and allow him to take his

flights out of the country irrespective of whether the Bank has notified the

Immigration Authorities or not and irrespective of whether this suspension

is noted in the Immigration Authorities' systems or otherwise.

903-WP(L)-25196-2024.doc Dixit

6. The Immigration Authorities shall not insist upon a certified copy of