Harshad Mehta vs Union Of India
2024 Latest Caselaw 168 Bom

Citation : 2024 Latest Caselaw 168 Bom
Judgement Date : 4 January, 2024

Bombay High Court

Harshad Mehta vs Union Of India on 4 January, 2024

Author: B. P. Colabawalla

Bench: B. P. Colabawalla

2024:BHC-OS:280

                                                                              4.IAL.33659.2023.doc


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


                                   INTERIM APPLICATION (L) NO.33659 OF 2023
                                                     IN
                                      WRIT PETITION (L) NO.27501 OF 2023

                  Harshad Mehta                                             ...     Applicant

                  IN THE MATTER BETWEEN
                  Harshad Mehta                                             ...     Petitioner

                         Versus

                  Union of India & Ors.                                     ....    Respondents


                       Ms Shaista Pathan a/w Vasuda Gupta i/b. Y & A Legal,
                       Advocate for Applicant/Petitioner.

                       Mr. A.M. Sethna a/w. Mr. D.P. Singh, Advocates for
                       Respondent No.1-UOI.

                       Mr. Anant Bamne i/b. M/s. A.R. Bamne & Co., Advocate for
                       Respondent No.3-BOB.

                       Mr. S.B. Gore, AGP for Respondent No.2-State.




                                              CORAM         : B. P. COLABAWALLA &
                                                                SOMASEKHAR SUNDARESAN, JJ.

                                              DATE          : JANUARY 04, 2024

                  P. C.

                  1.             The    present       Interim    Application       is    filed     by     the

Applicant/Petitioner seeking permission to travel to Thailand from

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4.IAL.33659.2023.doc

15th January, 2024 to 15th April, 2024. This Interim Application is

necessitated because a Look Out Circular has been issued against the

Applicant/Petitioner at the instance of Bank of Baroda, and which

Look Out Circular is also assailed in the above Writ Petition.

2. The learned counsel appearing on behalf of the

Applicant/Petitioner submitted that the Applicant/Petitioner is a

Non-Resident Indian since 2004 and has been residing in Dubai

until 2019 and thereafter in Thailand. She submitted that in fact he

had undergone extensive medical treatment in Thailand as more

particularly set out in the Interim Application. She brought to our

attention that when he entered the country on 9th October, 2023, the

Applicant/Petitioner was not informed that any Look Out Circular

has been issued against him. He learnt of this only when his son was

seeking to travel out of the country, and therefore has sought

permission of this Court. She submitted that it is in these

circumstances that the Applicant/Petitioner seeks to travel to

Thailand from 15th January, 2024 to 15th April, 2024, not only for the

follow-up medical treatment, but also to visit his daughter and his

grandchildren, who reside in Thailand. She submitted that the

Applicant/Petitioner has roots in India inasmuch as his son and his

other grandchildren all reside in Mumbai, and therefore, there is no

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apprehension of the Applicant/Petitioner absconding. She further

submitted that admittedly there is no monetary liability to any

Indian branch of Bank of Baroda and a decree has been passed

against the Applicant/Petitioner by a Court in Dubai for the dues

payable to the Dubai Branch of Bank of Baroda. She further

submitted that no criminal proceedings that have either been

initiated or pending against the Applicant/Petitioner. She, therefore,

submitted that the Applicant/Petitioner be granted permission to

travel to Thailand from 15th January, 2024 to 15th April, 2024 on such

terms and conditions as this Court may deem fit.

3. On the other hand, the learned counsel appearing on behalf

of Bank of Baroda submitted that huge amounts are due and payable

as per the decree of the Dubai Court (approximately Rs.38 Crores as

on 31st December, 2019). He, therefore, submitted that until these

amounts are paid, and/or adequately secured, no permission ought

to be granted to the Applicant/Petitioner to travel abroad .

4. We have heard the learned counsel for the parties. We have

also perused the above Interim Application. It is not in dispute that

the issues raised in the above Petition are already heard by a another

Division Bench of this Court (in a bunch of other Petitions) and the

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judgment is reserved. It is also not in dispute that in the

interregnum, parties like the Applicant/Petitioner have been

permitted to travel abroad either for business purposes or for

personal reasons. Considering that no civil or criminal proceedings

have been initiated against the Applicant/Petitioner in India,

coupled with the fact that he is a Non-Resident Indian, we are of the

opinion that he can be granted permission to travel to Thailand from

15th January, 2024 to 15th April, 2024 on the following terms and

conditions:-

(a) The Applicant/Petitioner shall file an undertaking setting out his detailed itinerary alongwith the addresses where he would be staying in Thailand, and all other contact details.

In the aforesaid undertaking, the Applicant /Petitioner shall also state that he shall return to India on or before 15 th April, 2024.

(b) The Applicant/Petitioner shall also file another undertaking not to apply for renewal or extension of this order until he returns to India.

(c) The copies of both the above undertakings shall be served upon the advocates for Bank of Baroda before the date of departure.

(d) Within one week of returning to India, namely, within one week from 24th April, 2024, the Applicant/Petitioner shall file an affidavit setting out the expenses incurred by him during

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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 Bank of Baroda within a period of one week from 15th April, 2024.

5. Subject to the above conditions, the Look Out Circular issued

against the Applicant/Petitioner at the instance of the Bank of

Baroda is suspended upto 16th April, 2024. It is clarified that this

order does not apply to any other Look Out Circular and/or restraint

order, if any, issued by any other Authority/Agency/Bank/Court.

6. The immigration authorities at all ports of departure,

including all airports, will permit the Applicant/Petitioner passage

and permit him 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