Gujarat High Court
Nimish Kalyanbhai Vasa vs Union Of India on 24 December, 2019
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
C/SCA/15328/2019 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR DIRECTION) NO. 2 of 2019
In R/SPECIAL CIVIL APPLICATION NO. 15328 of 2019
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NIMISH KALYANBHAI VASA Versus UNION OF INDIA ========================================================== Appearance:
MR KEYUR D. GANDHI with MR HARD S. SONI for NANAVATI ASSOCIATES for the PETITIONER(s) No. KSHITIJ M AMIN for the RESPONDENT(s) No. MS NALINI S LODHA for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR. JUSTICE BHARGAV D. KARIA Date : 24/12/2019 IA ORDER
1. By this application, the applicant has prayed for withdrawal of the personal bond of Rs.50,00,000/-(Rupees Fifty Lacs only) deposited on behalf of the applicant as per the order passed by this Court (Coram : A.Y. Kogje, J.) on 13th September 2019 modified vide order dated 14th September 2019.
2. It was submitted by the learned advocate Mr.Gandhi for the applicant that as per the order dated 13th September 2019, by way of an interim measure the applicant was permitted to travel abroad for a period between 15.09.2019 to 05.10.2019 on conditions stipulated in the said order. The conditions stipulated for allowing the applicant to travel abroad in the aforesaid order are as under :
A. Furnishing a personal bond by a person other than a person against whom the complaints are made, to the Registrar General of this Court. B. Furnishing a fixed deposit in the sum of Rs.50 lakhs by way of an FRD to the Registrar Page 1 of 5 Downloaded on : Fri Feb 14 00:23:34 IST 2020 C/SCA/15328/2019 IA ORDER General of this Court.
C. Furnishing an undertaking by way of an affidavit to the Registrar General of this Court that the petitioner would return back to India on or before 05.10.2019. D. The petitioner would submit its complete itinerary and contact details on affidavit before this Court as well as to respondent No.4-Bank.
E. To deposit an amount of Rs.5,00,000/- lakhs in the non-lien account of the Bank within a period of one week from today,which will be treated as deposit, subject to outcome of this petition.
3. The Condition No.(b) was modified vide order dated 14.09.2019, which reads as under:
B. Furnishing a sum of Rs.50 lakhs by way of DD in the name of Registrar General of this Court, to be put in Fixed Deposit initially for a period of 90 days, subject to further orders.
4. Learned advocate for the applicant submitted that the applicant complied with the aforesaid conditions as imposed by this Court and one Mr.Rajan Jagmohandas Shah stood as a surety for and on behalf of applicant and deposited an amount of Rs.50,00,000/-(Rupees Fifty Lakhs only) with the Registry of this Court in compliance of the aforesaid order.
5. The applicant was again required to travel abroad between 26.10.2019 to 03.11.2019. Therefore, CA NO.01 of 2019 seeking further direction from this Court to permit the applicant to travel abroad was Page 2 of 5 Downloaded on : Fri Feb 14 00:23:34 IST 2020 C/SCA/15328/2019 IA ORDER preferred. This application was allowed vide order dated 17.10.2019 and the applicant was permitted to travel abroad on the following conditions :
(A) Furnishing a personal bond by a person other than a person against whom the complaints are made, to the Registrar General of this Court;
(B) Amount of Rs.50 Lakhs deposited by the applicant shall continue as per the order dated 13th/14th September, 2019;
(C) Furnishing an undertaking by way of an affidavit to the Registrar General of this Court that the applicant would return back to India on or before 5th November, 2019.
(D) The applicant would submit his complete itinerary and contact details on affidavit before this Court as well as to respondents No.4-Bank.
(E) To deposit additional amount of Rs.5,00,000/- (Rs.Five Lakhs Only) in the non-
lien account of the Bank within a period of one week from today, which will be treated as deposit, subject to outcome of the main petition.
6. Learned advocate for the applicant submitted that the applicant has complied with the aforesaid conditions and has returned back to India on 03.11.2019 and compliance affidavit dated 11.11.2019 is also placed on record. It was therefore prayed that the applicant be permitted to withdraw an amount of Rs.50,00,000/-(Rupees Fifty Lakhs only)deposited on behalf of the applicant with the Registrar of this Court as per the order dated 13.09.2019 passed by this Court.
7. Learned advocate Ms.Nalini Lodha for the respondent Page 3 of 5 Downloaded on : Fri Feb 14 00:23:34 IST 2020 C/SCA/15328/2019 IA ORDER No.4 submitted that there is no dispute that the applicant has returned to India and has filed affidavit in compliance of the order passed by this Court tendered in the proceedings. She however, requested to fix an early date of hearing of the Special Civil Application No.15328 of 2019.
8. Learned advocate for the applicant also submitted that the applicant has given modified proposal for full and final settlement for releasing personal guarantee given to the respondent No.4-Bank on 21.12.2019. It was further submitted that the said proposal is under consideration and according to the said proposal the applicant has offered to pay full and final lump sum settlement amount of Rs.15 crores for the purpose of settlement of personal guarantee of three guarantees stipulated in such proposals.
9. Learned advocate Mr.Kshitij Amin for respondent Nos.1 and 3 submitted that the applicant has returned back and has complied with the orders passed by this Court.
10. In view of the above fact situation, the application is allowed and the applicant is permitted to withdraw the personal bond of Rs.50,00,000/-(Rupees Fifty Lakhs only)deposited before the Registry of this Court pursuant to the directions issued by this Court in the order dated 13.09.2019 modified on 14.09.2019. Registry is therefore directed to issue account payee cheque in the name of Mr.Rajan Jagmohandas Shah who stood as surety and deposited the said amount within a period of three weeks from today.
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11. The main matter is ordered to be listed on 20th
January 2020.
(BHARGAV D. KARIA, J)
KUMAR ALOK
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