Delhi High Court - Orders
Sameer Gaur vs Union Of India & Ors. & Ors on 10 May, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~106
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4124/2023 and CM APPL. 15975/2023
SAMEER GAUR ..... Petitioner
Through: Mr. Manik Dogra, Mr. Manan Popli,
Ms. Akshita Goyal, Ms. Shubhakriti
Gaur, Mr. Druv Pandey, Mr. Gaurav
Jain & Mr. Rajiv K. Virmani, Advs.
(M: 8394979380)
versus
UNION OF INDIA & ORS. & ORS. ..... Respondents
Through: Mr. Anurag Ahluwalia, CGSC
alongwith Mr. Abhigyan Siddhant,
Mr. Shriram Tiwary, Mr. Salman
Razi and Mr. Nitin Agnihotri
Advocates for SFIO/UOI. (M:
8860658903).
Mr Abhigyan Siddhant, GP.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 10.05.2023
1. This hearing has been done through hybrid mode.
2. The Petitioner - Mr. Sameer Gaur has moved the present petition seeking quashing/withdrawal of the LOC issued against him at the instance of the SFIO. An application being CM APPL.15975/2023 seeking permission to travel abroad has been filed by the Petitioner. The grounds raised in the application is that the Petitioner wishes to travel to Spain for attending business meeting with two Spanish companies in terms of the following itinerary.
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:12.05.2023 10:52:50Date & Time of Place of Visit Place of stay Contact Details Travel 16.05.23 (Dep. Departure from Airbnb Phone No. of Mr. 04:15 am, Arr. Delhi to Dubai Tu casa de Sameer Gaur 06:20 am) by Emirates - campo +918130193560 Flight No.EK- Calle de 513 Villacarriedo, 10, 10 2B, (Dep 07:40 am, Departure from Madrid, Arr. 13:25 pm) Dubai to Madrid Comunidad de by Emirates - Madrid 28024, Flight No.EK- Spain 141 (Duration of stay from 16th May 23 to 31st May, 23) 31.05.23 Departure from Phone No. of Mr. (Dep 15:20 pm, Madrid to Dubai Sameer Gaur Arr. 00:45 am) by Emirates - +918130193560 Flight No.EK-
14201.06.23 Departure from (Dep 03:55 am, Dubai to Delhi Arr. 09:05 am) by Emirates -
Flight No.EK-
5103. Reliance is placed upon the two invitations received from the businesses in Spain for exploring mutually beneficial opportunities in the hospitality and tunnelling sector.
4. In the affidavit filed by the SFIO, it has been highlighted that the main company with which the Petitioner was associated with i.e., JIL is under insolvency proceedings and the resolution plan is stated to have been approved by the NCLT. The submission of ld. Counsel for the Petitioner is Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:12.05.2023 10:52:50 that the Petitioner was last summoned only in February, 2022 and thereafter, the documents were sought. He has never been asked to appear before the SFIO thereafter. Ld. Counsel has relied upon the similar order for travel, which has been granted in this case for brothers of the Petitioner i.e., Mr. Pankaj Gaur and Mr. Sachin Gaur.
5. A perusal of the orders passed by in favour of the other family members would show that the said brothers have been permitted to travel, subject to conditions. The itinerary has been placed on record along with the address of the place, where the Petitioner is going to reside and the mobile number. On a query from the Court, it is submitted that the rest of the extended family of the Petitioner is in Delhi during the Petitioner's travel period and he is traveling with his wife and children.
6. Considering the orders passed in cases of other members of the Jaypee Group, the permission to travel is granted, subject to the following conditions.
i. The Petitioner shall file an undertaking with the Registrar General in the form of an affidavit that none of his immovable properties shall be disposed of. The FDRs for a sum of Rs. 5 crores shall be kept duly renewed with the Registrar General of this Court.
ii. The Petitioner shall furnish an affidavit disclosing his detailed itinerary, including his stay at various stations abroad, telephone numbers and residential / hotel addresses, to the satisfaction of the Registrar General. The Petitioner shall also file an undertaking that he shall adhere to the itinerary mentioned in the affidavit and not visit any other stations.
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:12.05.2023 10:52:50iii. The Petitioner shall also 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 exceptions, including the period he is on board the aircraft. iv. That he shall intimate the concerned authority before leaving and within 72 hours of his return from abroad. v. That Petitioner will file a self-attested copy of his passport along with a copy of his visa in the Court on his return to India. vi. In case any of the above conditions are violated by the Petitioner, the security shall be forfeited to the State. vii. In addition, the Petitioner shall file the list of its movable and immovable assets before the Registrar General.
7. The application is allowed.
W.P.(C) 4124/2023
8. List before the Registrar General on 12th May, 2023
9. List before Court on 17th November, 2023.
PRATHIBA M. SINGH, J.
MAY 10, 2023/dk/am Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:12.05.2023 10:52:50