Madhya Pradesh High Court
Bank Of Baroda Through Assistant ... vs Vijay Soni on 13 September, 2022
Author: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
&
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 13th OF SEPTEMBER, 2022
WRIT APPEAL No. 1040 of 2022
BETWEEN:-
BANK OF BARODA THROUGH ASSISTANT
GENERAL MANAGER OF BRANCH SIYAGANJ
MR. ARUN KUMAR MISHRA S/O LATE SHRI A.N.
MISHRA, AGED ABOUT 44 YEARS,
OCCUPATION: BANKER BANK OF BARODA
SIYAGANJ BRANCH INDORE (MADHYA
PRADESH)
.....APPELLANT
(SHRI ABHINAV DHANODKAR, LEARNED COUNSEL FOR THE
PETITIONER)
AND
1. VIJAY SONI S/O LATE SHRI JANAKRAJ SONI,
AGED ABOUT 63 YEARS, OCCUPATION:
BUSINESS 19/2, MANORAMA GANJ INDORE
(MADHYA PRADESH)
2. UNION OF INDIA THROUGH JOINT SECRETARY
MINISTRY OF HOME AFFARIS NORTH BLOCK,
NEW DELHI (DELHI)
3. BUREAUOF IMMIGRATION THROUGH
COMMISSIONER EAST BLOCK VIII LEVEL V
SECTOR I R.K. PURAM DELHI (DELHI)
.....RESPONDENTS
(SHRI SHISHIR KUMAR PUROHIT, LEARNED COUNSEL FOR THE
RESPONDENT [R-1] AND SHRI KUSHAL GOYAL APPEARED FOR
RESPONDENTS NO. 2 & 3)
Signature Not VerifiedDigitally signed by
SAN SOUMYA RANJAN
This appeal coming on for orders this day, JUSTICE VIJAY KUMAR
DALAI
Date: 2022.09.14
SHUKLA passed the following:
11:54:56 IST
ORDER
The present intra Court appeal is filed against the order dated 04.08.2022
passed by learned Single Judge whereby the writ petition filed by the
respondent No. 1 has been allowed. The look out Circular/s against the
petitioners have been quashed and the writ petitioner has been allowed to travel
abroad subject to compliance of the conditions mentioned in para-8 of the
order passed by this Court in the case of Surendra Singh Bhatia vs. Union
of India (W.P. No. 12604/2022). The undertaking given by the petitioner's son
Nameet Soni has also been taken on record as an additional condition to secure
the petitioner's return.
Counsel for the appellant submits that against the writ petitioner, there are
four criminal cases registered by Central Bureau of Investigation in different
Banks. In one of the criminal cases, the charge-sheet has been filed and the
notices have been issued to the writ petitioner. The aforesaid fact has not been
considered by the learned Single Judge.
Upon perusal of the impugned order, it is evident that the aforesaid
contention regarding registration of criminal case has not been taken into
consideration by the learned Single Judge though the same has been raised in
para 7 of the impugned order. It is further argued that in the case of Surendra
Singh Bhatia which has been relied by the learned Single Judge, the criminal
cases were not registered against the said person.
Counsel for the respondent No. 1/Writ Petitioner submits that in one of
the criminal case, closure report has been filed and in one case, he has received
summons recently.
Signature Not VerifiedDigitally signed by
After hearing learned counsel for the parties, I am of the view since the
SAN SOUMYA RANJAN
DALAI
Date: 2022.09.14
11:54:56 IST learned Single Judge has not taken into consideration the impact of the
registration of the criminal cases while allowing the writ petition, the proper and
appropriate remedy for the appellant is to file review before the learned Single
Judge.
Counsel for the appellant further submits that on the basis of the
judgment passed by the learned Single Judge in the present case, the similar
orders are being sought in number of cases.
Counsel for the respondent/writ petitioner submits that at present, the writ
petitioner does not propose to go to abroad. The aforesaid statement is taken
on record.
Considering the aforesaid, the present writ appeal is disposed off with
liberty to the appellant to seek review of the impugned order before the Single
Bench.
CC as per rules.
(VIJAY KUMAR SHUKLA) (ANIL VERMA)
JUDGE JUDGE
soumya
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN SOUMYA RANJAN
DALAI
Date: 2022.09.14
11:54:56 IST
