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Ratul Puri vs Union Of India & Ors on 20 April, 2022

Author: Yashwant Varma

Bench: Yashwant Varma

                          $~1
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     W.P.(C) 5873/2022
                                RATUL PURI                                         ..... Petitioner
                                                   Through:       Mr. Vijay Aggarwal, Mr.Mudit Jain,
                                                                  Mr. Hardik Sharma, Mr.Varun
                                                                  Chopra and Mr.Mukul Malik,
                                                                  Advocates.


                                                         versus

                                UNION OF INDIA & ORS.                              ..... Respondents
                                                   Through:       Mr.Kunal Sharma, Sr. Standing
                                                                  Counsel with Mr.Zehra Khan and
                                                                  Mr.Shray Nargoyra, Advocates for R-
                                                                  4.
                                                                  Mr.Vinit Trehan and Mr.A. Chopra,
                                                                  Advocates for R-5.
                                                                  Mr.Rajat Prakash, Advocate for R-
                                                                  7/PNB.
                                CORAM:
                                HON'BLE MR. JUSTICE YASHWANT VARMA
                                                   ORDER

% 20.04.2022 CM APPL. No. 17596/2022 (permission)

1. The present application has been preferred by the petitioner for being accorded interim protection and permission to leave the country notwithstanding the Lookout Circulars which have been issued. The prayers as made are opposed by the respondents-Financial Institutions as well as the Income Tax Department.

2. In so far as the Financial Institutions are concerned, learned counsels Signature Not Verified Digitally Signed By:NEHA Signing Date:20.04.2022 18:21:50 have addressed the Court in great detail of the amount of loss that has been allegedly caused by the action of the petitioner and therefore, it is contended that the prayer for interim permission should be refused.

3. Pursuant to the last directions issued in this matter, the Income Tax Department has filed a detailed affidavit placing on the record material which it has gathered and on the basis of which proceedings have been initiated against the petitioner under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015.

4. In the light of the information which has been gathered by the Department, it was contended that prima facie, it would appear that huge sums of money have been siphoned out of the country and parked in different foreign jurisdictions.

5. Learned counsel for the Department has also drawn the attention of the Court to the numerous notices issued in connection with the proposed assessment proceedings to be undertaken under the 2015 Act and submits that the petitioner has neither joined those proceedings nor is he extending any cooperation in that. In view of the above, it was submitted that the prayer for permission is liable to be refused.

6. The Court notes that in so far as the LOCs issued at the instance of the financial institutions are concerned, the petitioner already stands accorded the requisite permission. Along with the additional documents which have been placed on the record, the Court notes that the concerned Session Judges have granted permission to the petitioner in the following cases:-

(i) CT Case: 19/2019, CC No. 1/2015, ED v. Gautam Khaitan & Ors. In the court of Special Judge, CBI-10: Rouse Avenue District Courts, New Delhi.

(ii) Case/RC No. 223/2020/A0002/CBI/AC-V/New Delhi, CBI vs M/s.

Moser Baer Solar Ltd. In the court of CMM, Rouse Avenue District Court Complex, New Delhi.

(iii) IA No. 03/2022 in the court of Special Judge (PC Act) (CBI)-18, Rouse Avenue District Courts, New Delhi.

(iv) IA No. 04/2022 in the court of Special Judge (PC Act) (CBI)-18, Rouse Avenue District Courts, New Delhi.

7. The Court further bears in mind that with reference to the proceedings initiated under the 2015 Act, the petitioner has preferred Writ Petition (Crl.) 5/2020 before the Supreme Court in which on 13.01.2020, an interim order was passed providing that no coercive steps would be taken against the petitioner in the meanwhile.

8. In light of the aforesaid facts, the prayer for permission to travel abroad from 20.04.2022 to 29.04.2022 to attend business meetings in Paris & Iceland, Europe in the interim and pending disposal of the writ petition is granted subject to the following conditions:-

a) The petitioner shall deposit a sum of Rs. 5 crores in the shape of bank drafts with the Registrar General today itself.

b) The petitioner 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 or taken over 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.

c) 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 by 29.04.2022;

d) 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 Paris & Iceland, Europe. 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.

e) The petitioner shall ensure that the proceedings as initiated by the Income Tax Department under the 2015 Act are joined forthwith and a reply submitted within a period of 48 hours from today.

f) The petitioner shall also ensure that an authorised representative attends to the proceedings initiated under the 2015 Act on each day as fixed and without taking any adjournments.

9. Since the petitioner is stated to travel today, the Registrar General is requested to ensure that the proceedings of verification are completed with all expedition.

10. All learned counsels for parties are requested to apprise their appropriate officers of the passing of this order.

11. List on 14.07.2022.

W.P.(C) 5873/2022 All noticed respondents may file their replies in the writ petition, if so desire.

List on 14.07.2022.

A copy of this order be given dasti under the signatures of the Court master.

YASHWANT VARMA, J.

APRIL 20, 2022 rb Signature Not Verified Digitally Signed By:NEHA Signing Date:20.04.2022 18:21:50