Manish Bhatt vs Union Of India & Ors on 13 February, 2023

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Delhi High Court - Orders

Manish Bhatt vs Union Of India & Ors on 13 February, 2023

Bench: Prathiba M. Singh

                          $~18
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +              W.P.(C) 1962/2022 & CM APPL.3322/2023
                                 MANISH BHATT                                      ..... Petitioner
                                                    Through:     Ms. Anannya Ghosh, Ms. Doel Bose
                                                                 and Ms. Mrinalini Mishra, Advocates.
                                                                 (M:9818321492)
                                               versus
                                 UNION OF INDIA & ORS.                           ..... Respondents
                                               Through:          Mr. Ajay Digpaul, CGSC with Mr.
                                                                 Kamal Digpaul and Ms. Swati
                                                                 Kwatra, Advocates for SFIO.
                                                                 (M:9811152265)
                                 CORAM:
                                 JUSTICE PRATHIBA M. SINGH
                                          ORDER

% 13.02.2023

1. This hearing has been done through hybrid mode. CM APPL.3322/2023 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of.

CM APPL.3321/2023

3. The present application has been filed by the Petitioner - Manish Bhatt seeking permission to travel abroad from 13th February, 2023 to 26th February, 2023 to USA and Canada and from 11th March, 2023 to 19th March, 2023 to Germany.

4. The case of the Petitioner is that he was the employee of M/s Shilpi Cables Technologies Ltd. between 2012 - 2017 and an SFIO investigation is pending against the said company. As per the Petitioner, he has been cooperating in the SFIO investigation and he has appeared before the SFIO even on 10th February, 2023.

5. Ld. Counsel for the Respondents has filed a status report that investigation against M/s Shilpi Cables Technologies Ltd. is still undergoing and the company has exposure of more than Rs.1000 crores with various banks in India. Receivables from foreign customers are also substantial. Accordingly, it is submitted by the ld. Counsel for the Respondents that the Petitioner is going to be summoned again in the first week of March, 2023.

6. Ld. counsel for the Petitioner submits that the Petitioner wishes to attend the BUILDEX trade fair in Vancouver which starts on 15th February, 2023 and he is required to travel tonight i.e. on 13th February, 2023 along with other members of the Indian delegation. Ld. counsel for the Petitioner further submits that the wife of the Petitioner and his children are living in India and do not intend to travel with the Petitioner, thus the Petitioner does not pose a flight risk.

7. It is seen from the record that previously vide orders dated 31st May, 2022 and 10th October, 2022 passed by this Court, the Petitioner had been permitted to travel abroad. In view of the fact that the Petitioner has already travelled abroad and having returned to India on both the occasions, the Petitioner is permitted to travel abroad to USA and Canada from 13th-26th February, 2023, as also to Germany from 11th - 19th March 2023, subject to the following conditions:

i. The Petitioner shall furnish the details of his current employer, designation, salary etc., to the SFIO within one week by email; ii. The Petitioner shall also file an undertaking that he shall not dispose off his immovable properties or other assets in India; iii. The Petitioner shall furnish a detailed affidavit disclosing his detailed itinerary, including his stay at various stations abroad, W.P.(C) 1962/2022 Page 2 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:15.02.2023 11:24:01 telephone numbers and residential/hotel addresses. The Petitioner shall also file an undertaking that he shall adhere to the itinerary mentioned in the affidavit and not visit any other stations. iv. The Petitioner will also provide the contact numbers that 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. v. That he shall intimate the SFIO, before leaving and within 72 hours of his return from abroad.

vi. 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. vii. The permission to travel abroad given in this order shall be subject to other applicable conditions and will not be deemed as a direction to any other authority.

viii. In case any of the above conditions are violated, the security will be forfeited to the State.

9. List before the Registrar for ensuring compliance of the above conditions on 17th February, 2023. The date fixed before the Court i.e. on 17th February, 2023 stands cancelled.

10. Copy of the order be given Dasti under signature of the Court Master.

PRATHIBA M. SINGH, J.

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Delhi High Court - Orders