Bombay High Court
Geeta Suresh Advani And Anr vs Union Of India And 2 Ors on 22 January, 2024
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2024:BHC-OS:1199-DB
14-OSIAL-999-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 999 OF 2024
IN
WRIT PETITION NO. 8354 OF 2023
Geeta Suresh Advani & Anr .. Applicants
IN THE MATTER BETWEEN
Geeta Suresh Advani & Anr .. Applicants/Petitioners
Versus
Union of India & Ors. .. Respondents
Mr. Shadab S. Jan, a/w V. Kothari, i/b M/s. Apex Law Partners,
Advocates for the Applicants/Petitioners.
Mr. Harshal Modekar, i/b M.S. Bharadwaj, Advocates for
Respondent No.1.
Ms. Savita Nangare, i/b Law Focus, Advocates for Respondent
No.3.
CORAM : B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN, JJ.
DATE : JANUARY 22, 2024
P. C.
Digitally
signed by
ASHWINI
ASHWINI JANARDAN
JANARDAN VALLAKATI
1. This Interim Application is filed by the
VALLAKATI Date:
2024.01.22
15:36:49
+0530
Applicants/Petitioners seeking permission to travel to Dubai, UAE from
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Ashwini Vallakati
14-OSIAL-999-2024.doc
25th January 2024 to 30th January 2024. The above Interim Application
is necessitated because a Look Out Circular has been issued, to the best
of the knowledge of the Petitioners, only against Petitioner No.1.
However, since they are unaware whether any LOC has been issued
against Petitioner No.2, the permission is sought even on behalf of
Petitioner No. 2. The LOC which forms the subject matter of the above
Petition is also assailed therein.
2. Mr. Jan, the Learned Advocate appearing on behalf of the
Applicants/Petitioners, submitted that the purpose of undertaking the
aforesaid travel to Dubai, UAE is for a holiday with the family. He
submitted that the Petitioners have strong roots in India and they are
not a flight risk. He further submitted that no criminal proceedings have
either been initiated or pending against the Petitioners. Considering
that the right to travel abroad is recognized as a fundamental right
under Article 21 of the Constitution of India, the Applicants/Petitioners
may been permitted to travel to Dubai, UAE from 25 th January 2024 to
30th January 2024 on such terms and conditions as this Court may deem
fit, was the submission.
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3. On the other hand, Ms. Nangare, the Learned Advocate
appearing on behalf of the Bank of Baroda, vehemently opposed the
grant of any travel permission. She submitted that Petitioner No.1 has
already been declared as a willful defaulter and an amount of
approximately Rs. 45 Crores is due from her in her capacity as a
guarantor. She, therefore, submitted that until the dues of the Bank are
paid or adequately secured, no permission to travel abroad ought to be
granted.
4. We have heard the Learned Counsel for the parties at some
length. We have also perused the papers and proceedings in the above
Interim Application. It is not in dispute that the 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 the Judgment is
reserved. It is also not in dispute that in the interregnum, parties like
the Petitioners have been granted permission to travel abroad on certain
terms and conditions being imposed by the Court. 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 there are no
criminal proceedings that have either been initiated or pending against
the Petitioners, we are of the opinion that the Applicants/Petitioners
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14-OSIAL-999-2024.doc
can be permitted to travel to Dubai, UAE from 25 th January 2024 to
30th January 2024 subject to the following terms and conditions.
(a) The Applicants/Petitioners shall file an undertaking in this Court
stating that they shall strictly adhere to the itinerary more
particularly mentioned in paragraph 18 of the Interim
Application. In the aforesaid undertaking, the Petitioners shall
also give the contact details of the hotel where they would be
staying during the aforesaid travel. This undertaking shall also
state that the Applicants/Petitioners shall return to India on or
before 31st January 2024.
(b) The Applicants/Petitioners shall also file another undertaking that
they shall not apply for renewal or extension of this Order until
they return to India.
(c) Copies of both the undertakings shall be served upon the
advocates for Bank of Baroda, before the date of departure.
(d) Within 1 week of returning to India, namely, within 1 week from
31st January 2024, the Applicants/Petitioners shall file an affidavit
setting out the expenses incurred by them 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 31st January 2024.
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5. Subject to above conditions, the Look Out Circulars, if any,
issued at the instance of Bank of Baroda against the
Applicants/Petitioners are suspended upto 31 st January 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/Court/Bank.
6. The immigration authorities at all ports of departure,
including all airports, will permit the Applicants/Petitioners passage
and permit the Applicants/Petitioners to take their 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.
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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.]
JANUARY 22, 2024
Ashwini Vallakati
