Delhi High Court - Orders
Ashutosh Sharma vs Union Of India & Anr on 19 May, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7769/2022 & CM APPL. 23736/2022-STAY
ASHUTOSH SHARMA ..... Petitioner
Through: Mr. Saurabh Kirpal, Sr. Adv. with
Mr. Manohar Malik, Ms. Tanima
Gaur and Mr. Nikhil Arora, Advs.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Rajesh Gogna, CGSC and Mr.
Devvrat Yadav, Adv. for UOI
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 19.05.2022 CM APPL. 23737/2022 (for exemption) Allowed, subject to all just exceptions. The application shall stand disposed of. W.P.(C) 7769/2022 Notice. Since the respondents are duly represented by learned counsels let a counter affidavit be filed on the writ petition within a period of eight weeks.
List on 27.07.2022.
CM APPL. 23736/2022 (stay) The Court takes note of the submission of Mr. Kirpal, learned Senior Counsel, who submits that no monies are due or payable by the petitioner to any Financial Institutions in India. He further submits that the petitioner also does not stand named in any FIR which may allege the commission of a cognizable offence.
In view of the above he would submit that in terms of paragraphs Signature Not Verified Digitally Signed By:NEHA Signing Date:19.05.2022 17:52:11 6(H) and 6(I) of the Circular dated 22 February 2021 itself no restriction can possibly be placed on the travel of the petitioner. The Look Out Circular which has been opened at the request of the Financial Institution is challenged on the aforesaid grounds.
The permission which is presently sought in the interim is to travel to Dubai (U.A.E.) between 02 June 2022 and 10 June 2022. Bearing in mind the facts noticed above, the permission is liable to be and is accordingly granted subject to the following conditions: -
(a) The petitioner shall file a requisite undertaking in the shape of an affidavit before the Registrar General of this Court that he shall return to the country not later than by 10 June 2022;
(b) 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 in Dubai. 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.
The application shall stand disposed of on the above terms.
YASHWANT VARMA, J.
MAY 19, 2022 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:19.05.2022 17:52:11