Bombay High Court
Sandeep Mahendra Shah vs Bank Of Baroda And Ors on 29 January, 2024
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2024:BHC-AS:4196-DB
8-ASIA-965-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 965 OF 2024
IN
WRIT PETITION NO. 984 OF 2024
Sandeep Mahendra Shah .. Applicant
IN THE MATTER BETWEEN
Sandeep Mahendra Shah .. Applicant/Petitioner
Versus
Bank of Baroda & Ors. .. Respondents
Mr. Hasan Sayyed, i/b Bhagyashree Keny, Advocates for the
Applicant/Petitioner.
Mr. Nishit Dhruva, a/w Niyati Merchant, Yash Dhruva, Harsh
Sheth & Darshit Rupda, Advocates for Respondent No.1.
CORAM : B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN, JJ.
DATE : JANUARY 29, 2024
P. C.
1. This Interim Application is filed by the
Applicant/Petitioner seeking permission to travel to Dubai, UAE from
Digitally
31st January 2024 to 5th February 2024 for the business purposes. This
signed by
ASHWINI
ASHWINI JANARDAN
JANARDAN VALLAKATI
VALLAKATI Date:
2024.01.29
19:46:09
Interim Application is necessitated because a Look Out Circular has
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8-ASIA-965-2024.doc
been issued against the Applicant/Petitioner at the instance of Bank of
Baroda, and which circular is also assailed in the above Writ Petition.
2. Mr. Sayyed, the Learned Counsel appearing on behalf of the
Applicant/Petitioner submitted that there are no criminal proceedings
that have been initiated or pending against the Applicant/Petitioner.
Further, even though large amounts are claimed by Bank of Baroda, the
Applicant/Petitioner has till date, to the best of his knowledge, not even
been declared as a willful defaulter. He submitted that the
Applicant/Petitioner has been residing in Mumbai for the last thirty
years and also has family including his wife and three daughters. He
also has business interest in India. He, therefore, submitted that even
otherwise the Applicant/Petitioner is not at any flight risk and
undertakes to return back to India on such date as this Court may deem
fit. Considering that right to travel abroad is recognized as a
fundamental right under Article 21 of the Constitution of India, he
submitted that the Applicant/Petitioner be allowed to travel to Dubai,
UAE for business purposes from 31st January 2024 to 5th February 2024
subject to such terms and conditions as this Court may deem fit.
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3. On the other hand, the Mr. Dhruva, the Learned Counsel
appearing on behalf of the Bank of Baroda vehemently opposed the
grant of any travel permission. He submitted that approximately Rs.
362 Crores is due and payable by the principal borrower and for which,
the Applicant/Petitioner has stood as a guarantor. He submitted that
until these dues are either paid 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 at some
length. We have also perused the papers and proceedings in the above
Interim Application as well as in the above Writ Petition. 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 Applicant/Petitioner have been
permitted to travel abroad for business as well as personal reasons.
However, considering that the Applicant/Petitioner is traveling for the
first time after the issuance of a LOC, we permit him to travel to Dubai,
UAE subject to the following terms and conditions.
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(a) The wife and major daughter of the Applicant/Petitioner shall file
an affidavit in this Court undertake therein that they shall not
travel out of the Country until the Applicant/Petitioner returns
back to India.
(b) The Applicant/Petitioner shall file an undertaking in this Court
that he shall strictly adhere to the itinerary more particularly set
out at Exhibit "A" of the Interim Application and that he shall
return back to India on or before 6 th February 2024. In this
undertaking, the Applicant/Petitioner shall also disclose the place
where he is going to stay in Dubai, UAE along with all other
contact details.
(c) The Applicant/Petitioner shall also file an undertaking stating that
he will not apply for renewal or extension of this order until he
returns back to India.
(d) The above referred affidavit as well as the above referred
undertakings shall be served on the Advocates for Bank of Baroda
before the date of departure.
(e) Since the Applicant/Petitioner is traveling for business purposes,
within 1 week of returning to India, namely, within 1 week from 6 th
February 2024, the Applicant/Petitioner shall file a separate
affidavit setting out the business meetings he held and with
whom, together with the contact details of the persons he met and
the business he was able to generate, if any. This affidavit shall
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also set 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 of
Baroda within 1 week from 6th February 2024.
5. Subject to above conditions, the Look Out Circular issued at
the instance of Bank of Baroda against the Applicant/Petitioner is
suspended upto 6th February 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 Applicant/Petitioner passage and
permit the Applicant/Petitioner 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
copy of this order but will act on presentation of an authenticated or
digitally signed copy of this order.
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8. The Interim Application is disposed of in the aforesaid
terms. However, there shall be no order as to costs.
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 29, 2024
Ashwini Vallakati
