Bombay High Court

Nitin Ramchandra Jadhav And 4 Ors vs The Bureau Of Immigration, Ministry Of ... on 29 January, 2024

Author: B. P. Colabawalla

Bench: B. P. Colabawalla

2024:BHC-OS:1682-DB

9-OSIAL-1317-2024.doc

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

INTERIM APPLICATION (L) NO. 1317 OF 2024
IN
WRIT PETITION NO. 2404 OF 2023

Nitin Ramchandra Jadhav .. Applicant

IN THE MATTER BETWEEN

Nitin Rachandra Jadhav & Ors .. Petitioners

Versus

Bureau of Immigration & Ors. .. Respondents

Mr. Dharam Jumani, a/w Vaishnavi Mungekar, Advocates for the
Applicants/Petitioners.

Mrs. Savita Ganoo, a/w Tanu Khattri, Advocates for Respondent
No.1.
Ms. Akanksha Hambir, i/b Rathina Maravarman, Advocates for
Respondent Nos. 3 & 4.
Mr. Hafeezur Rahman, Advocate for Respondent No.5.
Ms. Sneha Mishra, i/b Jamshed Ansari, Advocates for
Respondent No.8.

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

                                                  DATE            : JANUARY 29, 2024

                       P. C.
          Digitally
          signed by
          ASHWINI
ASHWINI   JANARDAN
JANARDAN VALLAKATI
VALLAKATI Date:
          2024.01.31
          14:56:21

                                                               JANUARY 29, 2024
                       Ashwini Vallakati





                                                                    9-OSIAL-1317-2024.doc



1.                  This      Interim      Application      is     filed       by       the

Applicant/Petitioner No.1 seeking permission to travel to London from

25th January 2024 to 25th February 2024. The above Interim Application

is necessitated because a Look Out Circular has been issued against the

Applicant/Petitioner No.1, and which circular is also assailed in the

above Writ Petition. Mr. Jumani submitted that at whose instance the

LOC/s have been issued is not to the knowledge of the

Applicant/Petitioner No.1.

2. Mr. Jumani, the Learned Counsel appearing on behalf of

the Applicants/Petitioners has tendered an additional affidavit dated

25th January 2024, wherein, it is stated that the travel plans have

changed and the Applicant/Petitioner No.1 now seeks to travel to

London from 5th February 2024 to 5th March 2024. He submitted that in

the additional affidavit, the airline tickets, hotel bookings as well as the

revised itinerary are annexed.

3. Mr. Jumani, then submitted that the issues raised in the

above Writ Petition have already been heard by the another Division

Bench of this Court (in a bunch of other Writ petitions) and the

Judgment is reserved. He submitted that in the interregnum, parties

JANUARY 29, 2024 Ashwini Vallakati

9-OSIAL-1317-2024.doc

like the Applicant/Petitioner No.1, have been permitted to travel abroad

for the business as well as personal reasons. He submitted that in the

past also, on the several occasions, the Applicant/Petitioner No.1 has

been permitted to travel abroad and he has returned to India without

breaching any of the terms and conditions imposed upon him. He also

brought to our attention that after his last travel, an FIR has now been

registered (on 2nd June 2023) against the Applicant/Petitioner No.1

under Section 13(2) r/w Section 13(1)(d) of the Prevention of Corruption

Act, 1988 and Section 120(B) r/w Section 420, 409 and 418 of the

Indian Penal Code, 1860. He submitted that pursuant to this FIR, a

search was also conducted and he has fully cooperated with the

investigating authorities and has in no way tried to scuttle the

investigation or evade the same. He further submitted that he has deep

roots in India and in that regard brought to our attention paragraph 43

of the Writ Petition. In the said paragraph it is stated that Petitioner

No.2 is the wife of Petitioner No.1 and they have a son who is 14 years

old and a daughter who is 18 years old. The son resides in Mumbai

whereas the daughter is being educated in the U.K. It is to visit his

daughter that the Applicant/Petitioner No.1 is actually traveling to

London. He has also submitted a list of assets at Exhibit "E" to the above

Interim Application to further show his roots in India. For all these

JANUARY 29, 2024 Ashwini Vallakati

9-OSIAL-1317-2024.doc

reasons, Mr. Jumani submitted that the Applicant/Petitioner No.1 be

granted permission to travel to London (to visit his daughter) from 5 th

February 2024 to 5th March 2024 on such terms and conditions as this

Court may deem fit.

4. On the other hand, the Learned Advocates appearing on

behalf of Respondent Nos.3, 4, 5 & 8, opposed the grant of the said

permission on the ground of approximately more than Rs. 300 Crores is

outstanding from the Applicant/Petitioner No.1 as a guarantor to the

consortium of Banks and, therefore, he ought not to be allowed to travel

without first either paying the aforesaid amount or adequately securing

the same. They further submitted that considering that now an FIR is

lodged against the Applicant/Petitioner No.1, he ought not to be granted

permission to travel abroad as it may hinder the ongoing investigation.

5. 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 the 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,

JANUARY 29, 2024 Ashwini Vallakati

9-OSIAL-1317-2024.doc

parties like the Applicant/Petitioner No.1 have been permitted to travel

abroad for business as well as personal reasons. In the facts of the

present case, the Applicant/Petitioner No.1 has been granted permission

to travel abroad on several previous occasions and has returned to India

without breaching any of the terms and conditions imposed upon him.

It is true that after he traveled the last time, an FIR is lodged against the

Applicant/Petitioner No.1. However, we are of the opinion that merely

because an FIR is lodged, without anything more, would not be a

ground for restraining the Applicant/Petitioner No.1 from traveling

abroad. This is more so, when one takes into consideration that the

Applicant/Petitioner No.1 has strong roots in India and his entire family

(with the exception of one child) also resides in India.

6. Considering the over all facts and circumstances of the

present case, we are of the opinion that the Applicant/Petitioner No.1

can be permitted to travel to London from 5 th February 2024 to 5th

March 2024 subject to the following terms and conditions.

(a) The Applicant/Petitioner No.1 shall file an undertaking in this Court that he shall strictly adhere to and abide by the itineraries more particularly set out at Exhibits "A", "B" and "C" to the additional affidavit dated 25th January 2024. This undertaking

JANUARY 29, 2024 Ashwini Vallakati

9-OSIAL-1317-2024.doc

shall also state that the Applicant/Petitioner No.1 shall return to India on or before 6th March 2024.

(b) The Applicant/Petitioner No.1 shall also file an undertaking stating that he will not apply for renewal or extension of this order until he returns to India.

(c) Both the aforesaid undertakings shall be served on the Advocates for Respondent Nos. 3, 4, 5 and 8 before the date of departure.

(d) Within 1 week of returning to India, namely, within 1 week from 6th March 2024, the Applicant/Petitioner No.1 shall file an affidavit setting out the expenses incurred by him for the aforesaid travel and the source/s of income used for funding the said expenses. This affidavit shall also be served on the Advocates for Respondent Nos. 3, 4, 5 and 8 within a period of one week from 6th March 2024.

7. Subject to above conditions, the Look Out Circular/s, if any,

issued against the Applicant/Petitioner No.1 at the instance of any Bank

which is a Respondent to the above Writ Petition, is suspended upto 6 th

March 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 who is not a party to the above Petition.

JANUARY 29, 2024 Ashwini Vallakati

9-OSIAL-1317-2024.doc

8. The immigration authorities at all ports of departure,

including all airports, will permit the Applicant/Petitioner No.1 passage

and permit him to take his flights out of the country irrespective of

whether this suspension is noted in the immigration authorities'