Bombay High Court
Shradha Binani vs Deputy Director, Bureau Of Immigration ... on 2 February, 2023
Author: Neela Gokhale
Bench: G.S. Patel, Neela Kedar Gokhale
912-OSIAL-1395-2023 IN WP-3199-2022.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 1395 OF 2023
IN
WRIT PETITION NO. 3199 OF 2022
Shradha Binani ...Applicant
In the matter between
Shradha Binani ...Petitioner
Versus
Deputy Director, Bureau of Immigration & Ors ...Respondents
Mr Venkatesh Dhond, Senior Advocate, Nirman Sharma, with
Shriraj Dhruv, Mitesh Naik, Husaina Zaidy, i/b Dhru & Co, for
the Applicant.
Mr Anil C Singh, ASG , with Aditya Thakkar, DP Singh, i/b Pradeep
Yadav, for Respondents Nos. 1 to 4.
SHEPHALI
SANJAY
MORMARE
Digitally signed
by SHEPHALI
CORAM G.S. Patel &
SANJAY
MORMARE
Date: 2023.02.03
Dr Neela Gokhale, JJ.
11:02:11 +0530 DATED: 2nd February 2023 PC:-
1. The Petitioner seeks an interim order permitting her to travel overseas to London for a brief period of two weeks. The details of the Petitioner's passport address, contact number, etc are at Exhibit 'C' at page 23. While this does give us the address in London, we do Page 1 of 5 2nd February 2023 912-OSIAL-1395-2023 IN WP-3199-2022.DOC not yet have precise dates of travel. Undoubtedly. Mr Dhond's client, the Petitioner will place this on the Affidavit in the course of the day.
2. A very short background may be necessary. The Petitioner is an Indian citizen. There are certain office memoranda that entitle the authorities especially the 4th Respondent, the Serious Fraud Investigation Office or SFIO to issue what are called Look Out Circulars against Indian citizens. The effect of these circulars is to prevent Indian citizens from passing through immigration ports and travelling overseas. The present LOC against the Petitioner is pursuant to an investigation by SFIO into the affairs of one Binani Cements Ltd ("BCL") inter alia under Section 212(1)(c) of the Companies Act 2013. The Petitioner was summoned by the SFIO under Section 217 of that Act. The Petitioner challenged this in Writ Petition No. 2264 of 2021. That Petition was dismissed on 14th November 2022. A Special Leave Petition is pending in the Supreme Court. Once that first Petition was dismissed, the SFIO issued a summons on 6th December 2022 under Section 217 and demanded certain documents. Without prejudice to her rights and contentions in the SLP, the Petitioner cooperated in the enquiry. Mr Dhond states that she has attended the office of the SFIO on 29th December 2022, and subsequently on various dates including as recently as 31st January 2023. Additional information has been sought from the Petitioner including lists of bank accounts, closing bank statements and so on. We are not concerned with those particulars in this Interim Application.Page 2 of 5
2nd February 2023 912-OSIAL-1395-2023 IN WP-3199-2022.DOC
3. The present Interim Application seeks that she be allowed to travel overseas for two weeks from such date as this Court permits. She points out that she has travelled abroad several times and has returned on each occasion. The present travel is in regard to a proposed business venture. Meetings are to be held in London. This is explained in paragraph 31.3 of the Interim Application. The Petitioner is involved in setting up a hospitality venture proposed in South Goa. So far, a design firm has been identified. It is London- based. The Petitioner states in paragraph 13.4 that a personal meeting is required due to the inherent limitations of online meetings that have been conducted so far.
4. We are inclined to permit the Petitioner the relief she seeks. We permit the Petitioner to leave Mumbai on a direct flight to London on 4th February 2023 returning to India no later than by 20th February 2023. With these dates, to be read with the Exhibit 'C' to the Interim Application, and the required affidavit of flight details, there is sufficient disclosure of her itinerary. Therefore, the Interim Application is allowed subject to some conditions.
(a) The Petitioner is to file an affidavit of her flight details, and including again in that affidavit the dates of travel and the contact information in Exhibit "C" to this Interim Application (so that it is all in one place).
(b) The Petitioner must during the course of the day set out full particulars including the name and address and workplace of her husband and one other close relative, as this information may be required by the SFIO.Page 3 of 5
2nd February 2023 912-OSIAL-1395-2023 IN WP-3199-2022.DOC
(c) We require the undertaking to be filed to include the Petitioner's undertakings that:
(i) That the Petitioner will adhere to the itinerary disclosure and will return to India on the date specified;
(ii) That she will cooperate with the investigation
and attend the summonses as and when
issued and,
(iii) That she will not during the duration of the
travel create any third party rights,
alienations, encumbrances or part with
possession of her assets. From this, we
exclude drawings on her bank accounts as she may require for the purposes of travel or stay in London. These may be met from available funds in her bank account, or from foreign exchange that is availed of by the Petitioner or by using any credit card.
5. The Petitioner has given to the SFIO details of the property she holds in India including her bank account. Mr Dhond makes a statement on instructions that if further details are sought or required before the Petitioners leaves, she will make available provided that this demand is made before 4th February 2023.
Page 4 of 52nd February 2023 912-OSIAL-1395-2023 IN WP-3199-2022.DOC
6. The Interim Application is disposed of in these terms. There will be no order as to costs.
7. For statistical purposes, the Interim Application is to be finally numbered by 24th January 2023. The Registry will not insist on removal of office objections. The matter will first be finally numbered and then shown as disposed.
(Dr Neela Gokhale, J) (G. S. Patel, J)
Page 5 of 5
2nd February 2023