Delhi High Court - Orders
Hitesh Mittal vs Ministry Of Home Affairs & Ors on 15 February, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11381/2021 and CM APPL. 7531/2023
HITESH MITTAL ..... Petitioner
Through: Mr. Ashok K. Singh and Ms. Tanishq
Mehta, Advocates. (M: 9717033056)
versus
MINISTRY OF HOME AFFAIRS & ORS. ..... Respondents
Through: Mr. Anurag Ahluwalia, CGSC with
Mr. Abhigyan Siddhant, Advocate for
R-1. Mr. Mridal Jain, Spl. PP, CBI.
Mr. Santosh Kumar Rout & Mr.
Abhishek Chkraborty, Advocates for
R- 2 & 3.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 15.02.2023
1. This hearing has been done through hybrid mode. CM APPL. 7531/2023 in W.P.(C)-11381/2021
2. The present application has been moved by the Petitioner - Hitesh Mittal seeking permission to travel abroad from:
(i) 19th February, 2023 to 24th February, 2023 to UAE,
(ii) 1st April, 2023 to 17th April, 2023 to USA and,
(iii) from 3rd June, 2023 to 16th July, 2023 to UK, USA, Canada and Europe.
3. The submission of ld. Counsel for the Petitioner is that the Petitioner has been invited by the Agricultural and Processed Food Products Export Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:16.02.2023 16:45:15 Development Authority (APEDA), Ministry of Commerce and Industry, Government of India to participate in the food festival being held in various countries. Reliance is placed on the email dated 10th January, 2023. The itinerary of the Petitioner as stated in the application is as extracted below:
"It is submitted that the travel is scheduled from 19.02.2023 to 24.02.2023, 01.04.2023 to 17.04.2023 and 03.06.2023 to 16.07.2023 and the travel summary/ itineraries for the same have also been prepared. The copy of the travel summary/ itinerary of the Petitioner for travelling to UAE from 19.02.2023 to 24.02.2023 is annexed herewith as Annexure-B. The copy of the travel summary/ itinerary of the Petitioner for travelling to USA from 01.04.2023 to 17.04.2023 is annexed herewith as Annexure-C. The copy of the travel summary/ itinerary of the Petitioner for travelling to United Kingdom, USA, Canada and Europe from 03.06.2023 to 16.07.2023 is annexed herewith as Annexure-D."
4. Ld. counsel for the Punjab National Bank has no objection to the Petitioner's application to travel abroad, subject to the conditions being imposed and complied with by the Petitioner.
5. The LOC against the Petitioner has been issued at the instance of the Punjab National Bank. The Petitioner has already been given permission to travel abroad by this Court on two occasions i.e. on 27th May, 2022 and 8th December, 2022 and has returned back to India thereafter. In view of the background and the reasoning contained in the said orders, the Petitioner is permitted to travel abroad in terms of paragraph 7 of this application subject to the following conditions:
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:16.02.2023 16:45:15(i) The Petitioner shall file an undertaking giving the details of the immovable property that he owns and undertake that he shall not dispose of the same during the pendency of this petition;
(ii) The Petitioner shall also file an undertaking that he shall adhere to the itinerary filed as Annexure - A, B, C & D to the application bearing no. CM.APPL - 7531/2023 and shall also furnish details of his stay at various stations abroad, including residential/hotel addresses.
(iii) The Petitioner shall also provide the contact numbers that he would 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 exceptions, including the period he is on board the aircraft.
(iv) The Petitioner shall intimate the Punjab National Bank before leaving and within 72 hours of his return.
(v) The Petitioner shall file a self-attested copy of his passport along with a copy of his visas in the Court on his return to India.
(vi) 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.
(vii) The Petitioner shall furnish an undertaking that upon his return to India, he shall participate in any proceedings against him and that he shall be bound by any orders that may be passed by competent courts/authorities, subject to any challenges thereof.
(viii) In case any of the above conditions are violated, the immovable properties shall be liable to be forfeited to the State.Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:16.02.2023 16:45:15
6. List before the Registrar on 17th February, 2023.
7. List on 18th July, 2023, the date already fixed.
PRATHIBA M. SINGH, J.
FEBRUARY 15, 2023 dj/kt Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:16.02.2023 16:45:15