Bombay High Court
Harish Jajodia vs Union Of India Through Ministry Of Home ... on 4 September, 2024
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2024:BHC-OS:13606-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (LODGING) NO.27345 OF 2024
IN
WRIT PETITION NO.5142 OF 2022
Harish M. Jajodia, ]
R/of Andheri (West), Mumbai ] .. Applicant-Petitioner
Versus
1. Union of India,
Through Ministry of Home Affairs, New Delhi ]
2. Indian Bureau of Immigration, ]
CSMI Airport, Vile Parle, Mumbai ]
3. Commissioner (Immigration), New Delhi ]
4. Bank of Baroda, Zonal Office, ]
Stressed Assets Recovery Branch, Vadodara ] .. Respondents
Mr. Devendra Tiwari, Advocate, i/by Law Chamber of Siddharth Murarka,
for the Applicant-Original Petitioner.
Mr. Harish K. Raman, i/by Ms. Rabhina Maravarman, Advocates for
Respondent No.4.
CORAM : A.S. CHANDURKAR &
RAJESH S. PATIL, JJ
DATE : 4TH SEPTEMBER, 2024.
P.C. :
1. Writ Petition No.5142 of 2022 that was preferred by the applicant-
original petitioner came to be decided on 18 th June 2024, wherein
challenge to the authority of creditors to seek issuance of Look Out
Circulars was under challenge. It is common ground that the judgment of
this Court dated 23rd April 2024 in Writ Petition No.719 of 2020, along
with connected matters, is the subject matter of challenge before the
Supreme Court in Special Leave Petition Nos.17194-17230 of 2024 (Union
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of India and Ors. Vs. Viraj Chetan Shah and Ors.) . In view of the order
dated 12th August 2024, the present interim application has been moved
seeking leave to travel abroad.
2. The applicant-original petitioner intends to travel to Australia from
14th September 2024 and he would be returning to India before 30 th
September 2024. It is common ground that by earlier orders dated 7 th
September 2023 and 23rd January 2024, similar permission to travel
abroad was granted. It is not the grievance of the respondents that the
conditions imposed have been violated.
3. In view of the aforesaid, the applicant-original petitioner is
permitted to travel to Australia between the period from 14 th September
2024 to 30th September 2024 on the following conditions :
(i) The applicant-original 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 applicant-original petitioner shall return to India
on or before 30th September 2024.
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(ii) The applicant-original 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.
(iv) Considering that the applicant-original petitioner is
traveling for business purposes, within one week from
30th 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 applicant-original 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
Banks within a period of one week from 30 th
September 2024.
4. Subject to the above conditions, the Look Out Circular issued at the
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instance of the Bank of Baroda against the applicant-original petitioner
stands suspended upto 30th 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 applicant-original petitioner passage and allow
him to take his flights out of the country irrespective of whether the Bank
has notified the Authorities or not and irrespective of whether this
suspension is noted in the Immigration Authorities' systems or otherwise.
6. The Immigration Authorities shall not insist upon a certified copy of
this order but will act on presentation of an authenticated or digitally
signed copy of this order.
7. The interim application is disposed of in aforesaid terms. No costs.
[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]
Digitally
signed by
SNEHA ABHAY
ABHAY DIXIT
904-IA(L)-27345-2024.doc
DIXIT Date:
2024.09.04
Dixit
18:36:14
+0530
