Delhi High Court - Orders
Harish Singla vs Ministry Of External Affairs & Ors on 30 May, 2023
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1063/2023 & CRL.M.A. 14733/2023
HARISH SINGLA ..... Petitioner
Through: Mr. Rishi Sehgal, Mr. Keshavam
Chaudhri, Ms. Arveen and Ms.
Prabhneer Swani, Advocates
versus
MINISTRY OF EXTERNAL AFFAIRS & ORS. ..... Respondents
Through: Mr. Subhash Tanwar, CGSC with Mr.
Sandeep Mishra and Mr. Ashish
Chaudhary, Advocates for UOI/R-1.
Mr. Anurag Ahluwalia, CGSC with
Mr. Kritagya Kumar Kait,
Government Pleader.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 30.05.2023 CRL.M.A. 14732/2023 (for early hearing)
1. By way of present application under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C‟), the petitioner seeks preponement of the date of hearing.
2. Upon hearing learned counsel for petitioner, the application stands allowed and the matter stands preponed for today.
CRL. M.A. 14733/20233. By way of present application under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C‟) the petitioner seeks the following This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 04:28:17 relief:
"i. Stay the operation of any such LOC issued against the petitioner that maybe in existence at the behest of Respondent No. 3.
ii. As a consequence and a sequel to the prayer, (supra), allow the petitioner to travel to Bangkok, Thailand from 1.6.2023 to 5.6.2023 to attend a vendors‟ meeting as the Country Sales Head for a multi-national company, namely, Forever Living Products Pvt. Ltd.;"
4. Briefly stated, facts of the case are that the petitioner in the present case was employed as a Director in a company called M/s Ganjanan Oils Pvt. Ltd until March 2018. Currently, he holds the position of Country Sales Head at a multinational company namely Forever Living Products Pvt. Ltd., situated in Gurugram, Haryana. It is alleged that during the petitioner's tenure at M/s Ganjanan Oils Pvt. Ltd., his role was limited to overseeing marketing and trading operations. It is further alleged that M/s Ganjanan Oils Pvt. Ltd. had availed credit facilities from the respondent bank, which subsequently initiated legal proceedings against the company for these transactions. It is alleged that all loans or credit facilities were sanctioned by respondent no. 3 prior to petitioner joining the company as a director. After several years of severing ties with the aforementioned company, on 08.02.2023, while boarding an Ethiopian Airlines flight, the petitioner was detained at the immigration counter at Indira Gandhi International Airport in New Delhi due to a Lookout Circular (LOC) issued against him. Aggrieved by the same petitioner is before this Court.
5. Learned Counsel for the petitioner states that the petitioner has to attend an urgent vendor‟s meeting in Bangkok, Thailand from 01.06.2023 to This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 04:28:17 05.06.2023 on behalf of his present company i.e Forever Living Products Pvt. Ltd., and in case he is not able to attend the same, he will suffer financial losses. It is also vehemently submitted that the loans availed by M/s Gajanan Oils Pvt. Ltd were before his joining as a director in the said company and moreover, he had nothing to do with it since his role was limited to oversee the marketing and trading operations of the said company.
6. Learned Counsel for Ministry of External Affairs/respondent no. 1 states that respondent no. 1 is a proforma party and complainant in this case is respondent no. 2.
7. Learned counsel for respondent no. 2, who appeared through video conferencing, opposes the present application and states that petitioner is the only director of M/s Gajanan Oils Pvt. Ltd, who is left in India, rest of the directors have already left India. It is also stated that dues of more than Rs. 68 crores are pending towards the company and therefore, in case the petitioner will leave the country, it is likely that he will not return and the same will cause serious prejudice to the Bank and to the public money siphoned.
8. I have heard arguments on behalf of both the parties and have perused the material on record.
9. Considering the overall facts and circumstances of the case, this Court is of the opinion that at this stage, it is the case of the complainant that a sum of Rs. 68 crores is due and pending towards the company i.e M/S Ganjanan Oils Pvt. Ltd. and it is not disputed that the petitioner is the only director of the concerned company who is available in India at present. In these circumstances, since the LOC has been opened against the present petitioner, this Court finds no reason to stay the said order.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 04:28:17
10. However, the petitioner‟s ground for seeking relief of stay of order vide which the LOC was directed to be opened against him pertains to his obligation to attend a crucial business meeting as his absence from the meeting would result in significant financial losses. This Court notes that the petitioner may attend and participate in the vendor‟s meeting through VC, as was argued by learned counsel for respondent, considering the advancement in technology. Moreover, considering that a substantial amount of public funds, amounting to Rs. 68 crores is at stake, this Court at this stage finds no reason to stay the order for opening of LOC against the present petitioner.
11. In view of this, the present application stands rejected. W.P. (CRL.) 1063/2023
12. List on date already fixed.
13. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J MAY 30, 2023/kss Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 04:28:18