Delhi High Court - Orders
Uday Jayant Desai vs Union Of India & Ors on 2 May, 2023
$~32.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10540/2022
UDAY JAYANT DESAI ..... Petitioner
Through: Mr. Saurabh Kirpal, Senior Advocate
with Ms. Neena Nagpal, Mr. Malak
Bhatt, Mr. Vishvendra Tomer,
Ms.Supriya Julka and Mr. Nikhil
Arora, Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Ajay Digpaul, CGSC with
Mr.Shriram Tiwary, Prosecutor,
Mr.Nitin, Mr.Kamal Digpaul and Ms.
Swati Kwatra, Advocates R-1 &
2/UOI and R-4/SFIO.
Mr. Vipin Jai and Mr. Ujjwal Goel,
Advocates for Bank of India.
Mr. Kunal Tandon (through VC) and
Mr. Surendra Kumar, Advocates for
R-11.
Mr. Arun Aggarwal, Advocate with
Mr. Shivam Saini and Ms. Greeshma
Beebi Reddy, Advocates for R-
14/Bank of Baroda.
Mr. Zoheb Hossain, Advocate for ED
with Mr. Vivek Gurnani, Advocate.
Mr. O.P. Gaggar and Mr. Sachindra
Karn, Advocates for R-19.
Mr. Ripu Daman Bhardwaj, SPP, CBI
with Mr. Kushagra Kumar, GP and
Mr. Abhinav Bharadwaj, Advocate
for CBI.
Signature Not Verified
Digitally Signed
By:KOMAL DHAWAN
Signing Date:03.05.2023
17:45:59
CORAM:
HON'BLE MR. JUSTICE GAURANG KANTH
ORDER
% 02.05.2023 The hearing has been conducted through hybrid mode (physical and virtual hearing).
CM APPL. 19134/20231. This is an application filed by the petitioner seeking permission of this Court to travel abroad.
2. Mr.Saurabh Kripal, learned Senior Counsel who appears for the petitioner submits that the petitioner's daughter - Ms. Sanjana Desai, who is petitioner No.1 in W.P.(C) 1872/2021 is suffering from breast cancer and she had undergone a surgery. Besides, the petitioner himself is 78 years of age and suffers from severe medical ailments because of which functioning of lungs, liver, kidney and heart has reduced. It is stated by the learned Senior Counsel that the petitioner needs to travel abroad for his follow-up consultations with the Doctors. Hence, he has filed the present application seeking permission to travel to United Kingdom and United States of America as his appointments with the Doctors are fixed in the respective countries.
3. At this stage, learned Senior Counsel, on instructions, states that the petitioner gives up his request to travel to UK and is confining his prayer only to enable him to travel to USA. The petitioner has filed an additional affidavit updating his appointment details as well as that of his daughter- Ms.Sanjana Desai. As per the additional affidavit, the petitioner's appointments are scheduled for 11.05.2023 at USA.
Signature Not Verified Digitally Signed By:KOMAL DHAWAN Signing Date:03.05.2023 17:45:594. Learned counsel for CBI, SFIO as well as Bank of Baroda vehemently oppose the present application.
5. Learned counsel for CBI submits that case RCBD1/2020/E/0001 have been registered in Bank Security Fraud Branch, CBI, New Delhi under Section 120-B read with Sections 420/467/468/471 of IPC with Sections 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 and substantive offences thereof are pending investigation. It is stated by the respondent that the petitioner was Director/Guarantor in some of the accused companies and he stood guarantor for the loans availed by some of the accused companies. It is further stated by the respondent/CBI that he has signed many crucial documents on the basis of which the accused companies availed loans from various banks. Learned counsel for CBI further points out that the petitioner has neither annexed the itinerary of his stay at USA nor the contact details, including details of contact persons, during his visit to USA. Similar pleas are also raised by the learned counsel appearing on behalf of other respondents. It is further stated by the learned counsel for CBI that if the petitioner is allowed to travel abroad, there is every chance that the petitioner may not return back to India.
6. This Court has heard the rival contentions of the parties and considered the same.
7. The petitioner has though moved an application seeking permission to travel to USA and UK, however, on instructions from the petitioner, learned senior counsel for the petitioner states that they are confining their relief qua their travel to USA only and that too for a period of ten days i.e., from 09.05.2023 to 18.05.2023 for following up on his as well as his daughter's medical check-up/consultation with doctors.
Signature Not Verified Digitally Signed By:KOMAL DHAWAN Signing Date:03.05.2023 17:45:598. In view of the same, this Court is inclined to grant permission to the petitioner to travel to USA from 09.05.2023 to 18.05.2023 for follow-up medical check up/consultation with the Doctors at EMORY Healthcare, Atlanta, Georgia, United States of America, on the following conditions:
(i) The petitioner/applicant shall disclose his complete itinerary, details of place of his stay in USA, contact details of the petitioner in USA, contact details of any other person in USA by filing an affidavit before this Court;
(ii) Mr. Sujoy Desai, son of the petitioner, shall act as a surety for the petitioner and will file an undertaking to this effect before this Court. The surety shall not leave this country while the petitioner is abroad;
(iii) The petitioner shall furnish a surety of a sum of Rs.50,00,000/-
(Rupees Fifty Lacs only) to the satisfaction of the Registrar General of this Court for this period of travel;
(iv) The petitioner shall furnish his mobile number at the time of furnishing his undertaking before the Registrar General, as stated above, and he shall undertake to keep his mobile phone operational all the time during his visit to USA;
(v) The petitioner shall drop a pin on the Google Map application to indicate his location to the concerned Investigating Officer, CBI;
(vi) The petitioner shall report to this Court on his return to India
and shall not try to influence or hamper the
inquiry/investigation, in any manner;
Signature Not Verified
Digitally Signed
By:KOMAL DHAWAN
Signing Date:03.05.2023
17:45:59
(vii) The petitioner and Mr. Sujoy Desai, son of the petitioner, are permitted to file an undertaking before this Court within two days from today.
9. A copy of the undertaking be also provided to the learned counsel appearing on behalf of the respondents.
10. With these directions, the present application is disposed of. W.P.(C) 10540/2022
11. List on 04.05.2023 before the Registrar General of this Court for compliance.
12. Matter be listed on 05.10.2023 before Court.
GAURANG KANTH, J MAY 2, 2023 N3 Signature Not Verified Digitally Signed By:KOMAL DHAWAN Signing Date:03.05.2023 17:45:59