Delhi High Court - Orders
Jitendra Kejriwal vs Union Of India And Ors on 31 May, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3990/2022
JITENDRA KEJRIWAL ..... Petitioner
Through: Mr. Anirudh Bakhru, Mr. Ayush Puri,
Ms. Tejashvini Chandrashekhar, Mr.
Umang Tyagi and Mr. Prateek Kumar
Jha, Advs.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with Mr.
Adarsh Kumar Gupta and Mr. Keshav
Mann, Advs. for R-1.
Mr. Anurag Ahluwalia, CGSC with
Mr. Shubham Gupta, Mr. Danish
Faraz Khan and Mr. Rishab Narayan,
Advs. for UOI/R-2.
Mr. Ripu Daman Bhardwaj, SPP for
CBI.
Mr. Kailash Sharma, Adv. for PNB.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 31.05.2022 CM APPL. 26373/2022 (Direction) This application has been made for the petitioner being permitted to travel to New York, United States of America as per details set forth in the itinerary which has been placed on the record. The proposed date of travel is indicated to be from 1 June 2022 to 30 June 2022. The Court notes that a similar prayer was dealt with in its order of 21 April 2022 in W.P.(C) Signature Not Verified Digitally Signed By:NEHA Signing Date:31.05.2022 19:15:16 3990/2022, where in the following reasons were noted :-
"2. Pursuant to the liberty granted on the last occasion, the Court has been apprised that the Financial Institution which was one of the requesting parties has since conveyed its decision for the LOC being withdrawn. That request has been duly received and noted by the Bureau of Immigration as pointed out by Mr. Anurag Ahluwalia.
3. The Court is also apprised that with respect to the disputes which arose between the original debtor and the Financial Institution, an FIR came to be registered by the CBI. The CBI has commenced investigation. It has also and in the meanwhile, issued an LOC which is still subsisting. It is not in dispute that the investigation ongoing emanates from the dealings between the original borrower and the Financial Institution which has already withdrawn the LOC."
Although the present application is opposed by and on behalf of the CBI, the Court notes that factual position as was noticed in the order of 21 April 2022 remains the same. Accordingly the prayer as made for interim permission to travel is granted, subject to the following conditions:-
a. The applicant shall file an undertaking in the form of an affidavit with the respondents as well as with the Registrar General of this Court undertaking therein that he shall not dispose of any of the immoveable properties seized by the respondents and lying with them during the pendency of the present petition. The copies of the documents which the petitioner will file with the Registrar General, shall also be furnished to all the respondents. The petitioner shall also stand restrained from creating any third party interests in the property furnished as security as per the earlier order of the Court.Signature Not Verified Digitally Signed By:NEHA Signing Date:31.05.2022 19:15:16
b. The petitioner shall also file a requisite undertaking before the Registrar General of this Court that he shall return to the country not later than 30 June 2022.
c. The petitioner will also furnish to the respondents a copy of the air tickets he has purchased for his travel, along with the complete itinerary of his stay abroad. The petitioner will also provide a phone number which would be used by him during his stay abroad, which number will be kept operational at all times. d. The Court also takes on board the statement of learned counsel for the applicant who on instructions states that the applicant shall render all cooperation in the ongoing investigation being undertaken by the CBI and attend to all notices that may be issued by the CBI.
In view of the aforesaid, the application shall stand disposed of.
YASHWANT VARMA, J.
MAY 31, 2022 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:31.05.2022 19:15:16