Delhi High Court - Orders
Apurve Goel vs Bureau Of Immigration & Anr on 2 May, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~63 & 64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5674/2023 and CM APPL. 22212/2023, 22213/2023
APURVE GOEL ..... Petitioner
Through: Mr. Krishnendu Datta Sr. Advocate
with Mr. Prithu Garg, Mr. Harsimran
Duggal, Mr. Aditya Awasthi & Ms.
Neha Aggrawal, Advocates (M:
9711290620).
versus
BUREAU OF IMMIGRATION & ANR. ..... Respondents
Through: Mr Ajay Digpaul CGSC alongwith
Mr Kamal R Digpaul and Ms Swati
Kwatra Advs (M: 9811157265).
Mr Amit Mahaliyan, Adv for R-2. (M
9899491980)
64 WITH
+ W.P.(C) 5675/2023 and CM APPL. 22214/2023, 22215/2023
PRIYANKA GOEL ..... Petitioner
Through: Mr. Krishnendu Datta Sr. Advocate
with Mr. Prithu Garg, Mr. Harsimran
Duggal, Mr. Aditya Awasthi & Ms.
Neha Aggrawal, Advocates (M:
9711290620).
versus
BUREAU OF IMMIGRATION & ANR. ..... Respondents
Through: Mr. Balendu Shekhar, Senior Penal
Counsel and Mr. Rahul Kumar
Sharma Govt. Pleader for R-1 (M:
9760039403).
Mr Amit Mahaliyan, Adv for R-2. (M
9899491980)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 02.05.2023
1. This hearing has been done through hybrid mode.
Signature Not Verified Digitally Signed By:DHIRENDER KUMAR Signing Date:04.05.2023 12:31:02CM APPL. 22212/2023(for exemption) in W.P.(C) 5674/2023 CM APPL. 22214/2023 (for exemption) in W.P.(C) 5675/2023
2. Allowed, subject to all just exceptions. Applications are disposed of. W.P.(C) 5674/2023 & CM APPL. 22213/2023 (for interim relief) W.P.(C) 5675/2023 & CM APPL. 22215/2023 (for interim relief)
3. The Petitioners- Mr. Apurve Goel and Ms. Priyanka Goel in the present cases seek quashing and setting aside of the impugned LOCs issued against them by Respondent No. 1- Bureau of Immigration (hereinafter, 'BOI') at the instance of Respondent No. 2-Bank of Baroda (hereinafter, 'the Bank').
4. Ld. Sr. Counsel for the Petitioner submits that a One Time Settlement ('OTS') has already been entered into on 13th February 2023 in respect of the two companies i.e M/s AAA Paper Ltd. and M/s Futurestic International Pvt. Ltd. with the Bank.
5. Moreover, insofar as Petitioner-Ms. Priyanka Goel in W.P.(C) 5675/2023 & CM APPL. 22215/2023 is concerned, she has resigned from M/s AAA Paper Ltd. in 2014 itself.
6. As far as the case of Mr. Apurve Goel in W.P.(C) 5674/2023 & CM APPL. 22213/2023 is concerned, he has resigned from M/s AAA Paper Ltd. in 2019. In both the petitions it is maintained by the Petitioners that they are no way connected or related with M/s Futurestic International Pvt. Ltd. It is his submission that the liabilities of the said two companies cannot be saddled on the Petitioners considering that they had resigned from the companies long back.
7. Mr Amit Mahaliyan, ld. counsel for the Bank submits that the Petitioners were involved as the personal guarantors for loans extended to Signature Not Verified Digitally Signed By:DHIRENDER KUMAR Signing Date:04.05.2023 12:31:02 the said companies. Further, OTS entered into in terms of the communication dated 13th February 2023 is not being honoured. In terms of the said OTS, communication dated 10th March 2023 records that a sum of Rs.10 crore was to be deposited by 31st March, 2023 which has not been deposited though extension has been granted. Till date, the said amount has not been deposited and substantial amount of OTS is still outstanding.
8. Let an affidavit be filed by the Respondent No. 2-Bank of Baroda in these petitions within four weeks. Rejoinder, be filed within two weeks.
9. Mr. Krishnendu Datta, ld. Sr. Counsel submits that in W.P.(C) 5675/2023, the Petitioner wishes to travel abroad to Dubai. If so, she is permitted to move an application seeking permission to travel.
10. List on 18th July, 2023.
PRATHIBA M. SINGH, J.
MAY 2, 2023 mr/dn Signature Not Verified Digitally Signed By:DHIRENDER KUMAR Signing Date:04.05.2023 12:31:02