Delhi High Court - Orders
Rajesh Kumar Mehta vs Union Of India & Ors on 2 May, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11707/2022 and CM APPL. 19425/2023
RAJESH KUMAR MEHTA ..... Petitioner
Through: Mr. Achal Gupta & Ms. Alizaah Rais,
Advs. (M: 9891191186)
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Anurag Ahluwalia CGSC for
R1/UOI.
Mr. Sandeep Soni, Adv. for Union
Bank of India.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 02.05.2023
1. This hearing has been done through hybrid mode. CM APPL.19425/2023 (to travel abroad)
2. This is an application filed by the Petitioner - Rajesh Kumar Mehta seeking permission to travel abroad for business purposes. As recorded in the order dated 10th February 2023 the case of the Petitioner is that he is the Head of Exports and SFA Operations of the company Alcobrew and is responsible for handling the exports, international markets, review of businesses and pricing of international clients of Alcobrew.
3. Ld. Counsel for the Petitioner submits that the Petitioner has been granted permission to travel abroad in the past on two occasions i.e. vide orders dated 21st November, 2022 and 10th February, 2023 passed by this Court.
4. On the last date of hearing, notice was issued to the Respondent No.3
- Union Bank of India in the present case.
Signature Not Verified Digitally Signed By:DHIRENDER KUMAR Signing Date:04.05.2023 12:31:025. The Petitioner wishes to travel to four countries namely UAE, Ghana, Nigeria and Guinea Conakry. Repeated itineraries for the same have been placed on record. However, the dates in the said itineraries have already passed. In view of the same, ld. counsel for the Petitioner submits that he would be filing a fresh itinerary.
6. The Petitioner is admittedly not arrayed as an accused in criminal proceedings. Further, the Respondent No.3 in its counter has stated that proceedings before the Debt Recovery Tribunal (DRT) are pending against the principal borrower for more than Rs.82 crores and the Petitioner is the guarantor of the said transactions.
7. Ld. counsel for the Respondent No.3 submits that the Petitioner may be permitted to travel abroad subject to the conditions, which have been imposed in the previous orders passed by this Court. Accordingly, the Petitioner is permitted to travel in the month of May and June, 2023 to the above four countries, subject to the following conditions:
i) The security of a sum of Rs.10 lakhs, which has already been furnished before the Registrar General of this Court pursuant to the earlier order dated 21st November, 2022, shall continue to remain secured with the Registrar General of this Court and the FDR shall also be renewed and updated. The fresh itinerary shall be furnished to the Registrar General.
ii) The Petitioner shall further file a requisite undertaking before the Registrar General of this Court that he shall return to the country by 10th June, 2023.
iii) That Petitioner shall furnish a detailed affidavit disclosing his detailed itinerary, including his stay at various stations abroad, Signature Not Verified Digitally Signed By:DHIRENDER KUMAR Signing Date:04.05.2023 12:31:02 telephone numbers and residential/hotel addresses. The Petitioner shall also file an undertaking that he shall adhere to the itinerary mentioned in the affidavit and not visit any other stations. The Petitioner shall also furnish a copy of the air tickets that he has purchased for his travel.
iv) The Petitioner shall provide the contact numbers he will use during the period he stays abroad, and at least one of the said contact numbers will be kept operational at all times, subject to all fair exceptions, including the period he is on board the aircraft.
v) That Petitioner shall file a self-attested copy of his passport along with a copy of his visa in the Court on his return to India.
vi) The permission to travel abroad given in this order shall be subject to other applicable conditions and will not be deemed as a direction to any other authority.
vii) In case any of the above conditions are violated, the security shall be forfeited to the State.
8. The copies of the documents to be filed by the petitioner with the Registrar General, shall also be furnished to all the Respondents.
9. The application is disposed of.
W.P.(C) 11707/2022
10. List before the Registrar on 8th May, 2023.
11. List before the Court on date fixed.
PRATHIBA M. SINGH, J.
MAY 2, 2023/dk/kt Signature Not Verified Digitally Signed By:DHIRENDER KUMAR Signing Date:04.05.2023 12:31:02