Delhi High Court - Orders
Balakavi Sarath Babu vs Serious Fraud Investigation Office & ... on 7 May, 2026
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~78
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3971/2026
BALAKAVI SARATH BABU
.....Petitioner
Through: Mr Gautam Khazanchi and Mr Ayush
Sachan, Advocates.
versus
SERIOUS FRAUD INVESTIGATION OFFICE & ANR.
.....Respondent
Through: Mr. Jaswinder Singh (SPC), Mr.
Vanshul Pali (GP) along with Ms.
Ayushika Mishra, Mr. Samarth
Dabas, Advocates; along with Ms.
Esha Goel, Sr. AD/IO for Respondent
No.1 and Mr. Divyanshu Bhardwaj,
Legal Consultant for Respondent-
SFIO.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 07.05.2026 CM APPL. 19447/2026 (PERMISSION TO TRAVEL ABROAD TO THE UNITED STATES OF AMERICA)
1. The petitioner, a 67 year old Indian citizen and a Green Card Holder of the United States of America, initially, had filed this application seeking permission to travel abroad to United States of America (USA) from 08.04.2026 to 06.05.2026 along with his wife, which has already been expired. Therefore, the application is being considered as per revised/fresh itinerary, by way of which, seeks permission to travel to USA with from 18.05.2026 to 08.06.2026.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/05/2026 at 22:36:53
2. Learned counsel for the petitioner submits that the petitioner being a Green Card holder is required to visit USA every 6 months to maintain its validity, and avoid reconsideration as an individual seeking admission as per Section 101(13)(C)(ii) of the Immigration and Nationality Act [8 U.S.C. 1101] of U.S.A.
3. It is further submitted that both his children are based in USA and the Petitioner needs to travel to find a suitable matrimonial match for his daughter.
4. Upon notice being issued to the respondents, Mr. Jaswinder Singh, learned counsel for respondent-Serious Fraud Investigation Office (SFIO) has raised various objections.
5. On 24.04.2026, the petitioner was directed to appear before the Investigation Officer to enable the Investigating Officer (IO) to interrogate the petitioner. When the matter is called out for hearing today, Mr. Jaswinder Singh submits that keeping in mind the seriousness of the allegations against the petitioner and the fact that the petitioner is a Chartered Accountant and the investigation is at its nascent stage, the permission to travel abroad should not be granted. He also submits that there is possibility of flight risk.
6. I have considered the submissions made by learned counsel appearing for the parties and have perused the record. From the details pointed out by the petitioner, it would appear that between 2017 to 2025, the petitioner has travelled abroad as many as on 13 occasions. The details thereof are as under:
S. No. Dates.
1. 19.01.2017 -12.06.2017
2. 02.12.2017 - 31.01.2018 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/05/2026 at 22:36:53
3. 22.02.2019 - 09.03.2019
4. 23.10.2019 - 15.11.2019
5. 05.03.2020 - 30.12.2020
6. 17.05.2021 - 14.09.2021
7. 11.02.2022 - 23.08.2022
8. 25.01.2023 - 20.06.2023
9. 15.11.2023 - 02.03.2024
10. 30.05.2024 - 24.07.2024
11. 17.10.2024 - 18.12.2024
12. 30.04.2025 - 21.05.2025 Central Government Order No. CL-II-01/180/2023-O/o DGCOA - MCA dated 16.06.2025 passed ordering the present investigation
13. 26.10.2025- 29.11.2025
7. It be noted that the Ministry of Corporate Affairs directed an investigation against the Petitioner vide order dated 16.02.2026. Even thereafter, the petitioner had travelled abroad between 26.10.2025 to 29.11.2025.
8. Therefore, it would be justified and fair to conclude that the Petitioner has travelled abroad on multiple occasions, and has returned each time without default, demonstrating his bonafides.
9. It is also pointed out that the petitioner has been consistently cooperating with the SFIO and has appeared as and when he was called for.
10. The petitioner has placed on record by way of his short note, the following details to establish his bonafides and the factum of him cooperating with the SFIO investigation:
S.No. Summon Date Compliance & Cooperation dated
1. 29.12.2025 19.01.2026 Appeared physically on both for 20.01.2026 dates in SFIO's office and appearance provided all information to his on best recollection.
19.01.2026 21.01.2026 Sent an Email to SFIO:
@39 of W.P. i. voluntarily clarifying errors made due to information sought This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/05/2026 at 22:36:53 being related to old transactions during his appearance.
ii. provided requisite documents including Sale Deeds, Supplier Information, Account Statements and details of Directorship.
22.01.2026 Sent signed physical copies of the @42 of W.P. documents shared earlier vide DTDC courier no. V350123822 along with soft copies of the requisite purchase orders and medical certificate of Sh.
Ramalingeswar Rao Bethu.
23.01.2026 Sent requisite signed purchase @41 of W.P. orders vide DTDC courier no.
V3501228939.
2. 18.03.2026 23.03.2026 Appeared physically in SFIO's for office and provided all appearance information to his best on recollection.
23.03.2026 24.03.2026 Provided clarification regarding @44 of W.P. transactions of Nivee Agro Farms LLP purchase invoices and provided certain documents as requested and received from Pearl Distilleries Ltd. Further clarified requisite doubts in the capacity as a partner of Mighty Agro Tech LLP.
Cooperation post filing of the present petition (@Add. Docs. No. 183355/2026) 25.03.2026 Sent an Email to SFIO informing @Pg. 1 the status of collation of documents and the delay in scanning and receipt of documents due to volume.
30.03.2026 Provided documents through
@Pg. 2 Email and courier related to
Nivee Agro Farms LLP and
Overseas Granites LLP.
02.04.2026 Provided requisite documents
@Pg. 5 through Email and courier
including details of sales made by
Nivee Agro Farms LLP as
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/05/2026 at 22:36:53 received from Pearl Distilleries Limited and 516 invoices and personal tax returns.
08.04.2026 Flash drive submitted with
@Pg. 4 Section 63 BSA certificate to
SFIO.
COOPERATION IN COMPLIANCE OF THIS HON'BLE COURT'S ORDER DATED 28.04.2026 3 24.04.2026 28.04.2026 Appeared physically in SFIO's for office and provided all appearance information to his best on recollection.
28.04.2026 30.04.3036 Sent an Email to SFIO providing
@6 of Add. the requisite information and
Docs No. documents by email and post.
2011154/202
6
06.05.2026 Certificate u/s 63(4)(c) BSA
provided to the Respondent via
email within 40 minutes of
receiving a request for the same
by the Respondent.
NO FURTHER SUMMON RECEIVED OR INFORMATIOIN SOUGHT BY SFIO
11. The Court also finds that the extended family members of the petitioner reside in India. His brother lives with his family in Hyderabad and his sister resides in Nellore, Andhra Pradesh with the family. The petitioner has multiple immovable properties in Nellore and Chennai and also maintains multiple fixed deposits in India. It is submitted that three of the petitioner's firms/ LLPs, Vinil Agro Farms LLP, Mahitha Agro Farms Private Limited and Shirdi Sai Estates are based in India and hold assets in India.
12. Keeping in mind the facts and circumstances of the case noted herein This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/05/2026 at 22:36:53 above, the petitioner can be allowed to travel to the USA between 18.05.2026 to 08.06.2026, with the following terms and conditions:
i. The petitioner shall furnish the following securities to the Registrar General of this Court:
a. Original Sale Deed of Residential Family Home in Chennai: Address 112/2, Habibullah Road, T. Nagar, Chennai, 600017;
b. Original Conveyance Deed of Plot No. 36 admeasuring 800 sq. yds. Magunta Enclave, Nellore;
c. Fixed Deposits receipt in the name of the petitioner in HDFC Bank Nellore with principle amount of Rs. 12,63,00,000/- as on date.
d. Fixed Deposits Receipt in the name of the petitioner's wife, Balakavi Padmalalitha in HDFC Bank, Nellore with principal amount of Rs. 12,68,00,000/- as on date. ii. The petitioner shall not alienate or otherwise create a charge on any of the properties mentioned in para. 10(i)(a)-(b) above till the petitioner herein returns to India after completing his travel; iii. The petitioner shall file a detailed affidavit disclosing his complete itinerary, including his stay at various locations abroad as well as telephone numbers and residential/ hotel addresses. He shall also file an undertaking that he shall strictly adhere to the itinerary mentioned in the affidavit and not visit any other stations. He shall also furnish a copy of the air tickets purchased by him before the Registrar General of this Court;
iv. The petitioner shall also provide the contact numbers that he would This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/05/2026 at 22:36:53 use during the period of stay 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. The petitioner shall file an undertaking before the Registrar that he shall return to the country on 08.06.2026. The petitioner shall intimate the Registrar General of this Court before leaving and within 72 hours of his return;
vi. The petitioner shall file a self-attested copy of his passport along with a copy of his visas, on his return to India.
13. The permission to travel abroad given in this order shall be subject to all other applicable conditions and shall not be deemed as a direction to any other authority.
14. Application stands disposed of.
15. List for compliance before the concerned Registrar on 11.05.2026. CM APPL. 30512/2026 (by Union Of India- for correction of appearance of attendance marked on the order dated 24.04.2026
16. For the reasons stated in the application, the same stands allowed.
17. In order dated 24.04.2026, the appearance of Mr. Vanshul Pali, Government Pleader for respondent no.1 and 2 be treated to have been marked.
18. The application stands disposed of.
W.P.(C) 3971/2026
19. List on 22.07.2026 PURUSHAINDRA KUMAR KAURAV, J MAY 7, 2026/aks This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/05/2026 at 22:36:53