Bombay High Court
Siddharth Shah vs Bank Of Baroda And 2 Others on 14 September, 2023
Bench: B. P. Colabawalla, M.M. Sathaye
2023:BHC-OS:9927-DB
502 ial 25730-23 .doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 25730 OF 2023
IN
WRIT PETITION (L) NO. 25728 OF 2023
Mr. Sidharth Shah .. Applicant/Petitioner
Versus
Bank of Baroda and Ors. .. Respondents
Mr. Shadab Jan a/w Vindo Kothari, Priyansh Jain and Sonal
Sanap, Advocates for the Applicant/Petitioner.
Ms. Divya Bamne i/b M/s. A.R. Bamne and Co., Advocates for
Respondent No.1.
Mr. S.K. Halwasia, Advocate for Respondent Nos. 2 and 3.
CORAM : B. P. COLABAWALLA &
M.M. SATHAYE, JJ.
DATE : SEPTEMBER 14, 2023
P. C.
1. The above Interim Application is filed seeking
permission of this Court to travel to Sydney, Australia via Kuala Lumpur from 14.09.2023 to 22.09.2023. The above writ petition is filed challenging the look out circular issued at the instance of the Bank of Baroda.
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SEPTEMBER 14, 2023 Sneha Chavan 502 ial 25730-23 .doc
2. The learned counsel appearing on behalf of the Petitioner submitted that he was scheduled to travel to Sydney on 11.09.2023. However, he was stopped from leaving the country because a look out circular was issued by Bank of Baroda and which he came to know only on 11.09.2023. He submitted that urgency in the matter is that he along with his wife have enrolled for a training programme in Australia which would then be generating business as well. The wife has already left for the purposes of this programme and the petitioner could not travel because of the look out circular. 3 The learned counsel submitted that in the present case, the issue raised in the above petition is also raised in a bunch of other petitions, which are heard by another Division Bench of this Court and the Judgment is reserved. He submitted that the outcome of this writ petition will also have to abide by the decision rendered in these writ petitions. He submitted that in the interregnum, the parties like the Petitioner have been permitted to travel abroad as the same is recognised as a fundamental right under the Article 21 of the Constitution of India. He submitted that the Petitioner has no criminal antecedents and no criminal action has either been initiated or pending against the Petitioner. The learned counsel, therefore, Page 2 of 6 SEPTEMBER 14, 2023 Sneha Chavan 502 ial 25730-23 .doc submitted that the Petitioner be allowed to travel to Sydney, Australia on such terms and conditions as this Court may deem fit.
4. The learned counsel appearing on behalf of Bank of Baroda vehemently opposed this permission. She submitted that huge amounts [about Rs.11 crores as on January, 2016] were outstanding from the Petitioner. By invoking the provisions of the SARFAESI ACT, 2002, the bank has been able to only recover an amount of approximately Rs. 5.9 crores. She submitted that in such circumstances, the Petitioner ought not to be allowed to travel until the dues of the Bank are paid and/or secured.
5. We have heard the learned counsel for the Parties. We have also perused the Interim Application. It is not in dispute that issue raised in this petition is already subjudice before this Court and it is being decided by another Division Bench. In the interregnum, the parties like Petitioner, in the past, have been allowed to undertake travel abroad subject to terms and conditions imposed by the Court.
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6. When we take into consideration that the right to travel has been recognised as a fundamental right under Article 21 of the Constitution of India, coupled with the fact that the Petitioner has no criminal antecedents and no criminal action is either initiated and/or pending against him, we are of the opinion that he can be permitted to travel to Sydney, Australia subject to the following terms and conditions:
(a) The Petitioner shall file an undertaking in this Court that he shall strictly adhere to the itinerary set out at Exh.D to the Interim Application and that he shall return back to India on or before 23.09.2023.
(b) The Applicant/Petitioner shall also file an undertaking not to apply for renewal or extension of this order until he returns back to India.
(c) Both the above undertakings shall be served by the Applicant/ Petitioner on the Advocates for the Bank of Baroda before the date of departure.
(d) Within one week of returning to India, namely one week from 23.09.2023, the Applicant/Petitioner shall file a separate affidavit setting out the expenses incurred by him during the above travel and the source/s of income used for funding the Page 4 of 6 SEPTEMBER 14, 2023 Sneha Chavan 502 ial 25730-23 .doc said expenses. This affidavit shall also be served on the Advocates for the Bank of Baroda within one week from 23.09.2023.
7. Subject to the above conditions, the look out circular issued against the Applicant/ Petitioner at the instance of the Bank of Baroda is suspended upto 23.09.2023. It is clarified that this order does not apply to any other look out circular or restraint order, if issued by any other Authority/Agency/Bank.
8. The immigration authorities at all ports of departure including all airports will permit the Applicant passage and permit him to take his flights out of the country irrespective of whether the Bank of Baroda has notified them or not and irrespective of whether this suspension is noted in the immigration authorities' system or otherwise.
9. The immigration authorities will not insist upon a certified copy of this order but will act on the presentation of an authenticated or digitally signed copy of this order. Page 5 of 6
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10. The interim application is accordingly disposed of.
11. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order. [ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.] Page 6 of 6 SEPTEMBER 14, 2023 Signed by: Mrs Sneha N Chavan Sneha Chavan Designation: PS To Honourable Judge Date: 14/09/2023 17:51:03