Delhi High Court - Orders
Sanjana Desai & Anr vs Bank Of India & Anr on 2 May, 2023
$~31.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1872/2021 & CM APPL. 35568/2022
SANJANA DESAI & ANR. ..... Petitioners
Through: Mr. Saurabh Kirpal, Senior Advocate
with Ms. Neena Nagpal, Mr. Malak
Bhatt, Mr. Vishvendra Tomer,
Ms.Supriya Julka and Mr. Nikhil
Arora, Advocates.
versus
BANK OF INDIA & ANR. ..... Respondents
Through: Mr. Vipin Jai and Mr. Ujjwal Goel,
Advocates for R-1/BOI.
Mr. Ripu Daman Bhardwaj, CGSC,
SPP with Mr. Kushagra Kumar, GP
and Mr. Abhinav Bharadwaj,
Advocate for UOI/CBI.
Mr. Kunal Tandon (through VC) and
Mr. Surendra Kumar, Advocates for
R-3.
Mr. Arun Aggarwal, Advocate with
Mr. Shivam Saini and Ms. Greeshma
Beebi Reddy, Advocates for R-
4/Bank of Baroda.
CORAM:
HON'BLE MR. JUSTICE GAURANG KANTH
ORDER
% 02.05.2023 The hearing has been conducted through hybrid mode (physical and virtual hearing).
CM APPL. 19131/20231. This is an application filed by the petitioner No.1 seeking suspension of LOC and permission to travel abroad.
2. Mr.Saurabh Kirpal, learned Senior Counsel who appears for the applicant/petitioner No.1-Ms. Sanjana Desai, submits that the petitioner is suffering from breast cancer and she had undergone a surgery for the same.
Signature Not Verified Digitally Signed By:KOMAL DHAWAN Signing Date:03.05.2023 17:45:59It is stated by the learned Senior Counsel that the petitioner needs to travel abroad for her follow up/consultations with her Doctors. Hence, she has filed the present application seeking permission to travel to United Kingdom and United States of America as she had fixed her appointments with her Doctors in the respective countries.
3. At this stage, learned Senior Counsel, on instructions, states that the petitioner gives up her request to travel to UK and is confining the prayer only to enable the petitioner No.1 to travel to USA for consultation. The petitioner has filed an additional affidavit updating her appointment details. As per the additional affidavit, the petitioner's appointment is scheduled for 12.05.2023 at USA.
4. Learned counsel for CBI, SFIO as well as Bank of Baroda vehemently oppose the present application.
5. Learned counsel for CBI submits that case FIR No.RCBD1/2020/E/0001 has been registered in Bank Security Fraud Branch CBI, New Delhi under Section 120-B read with Sections 420/467/468/471 of IPC with Sections 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 and substantive offences thereof are pending investigation. It is stated by the respondent that the petitioner was Director/Guarantor in some of the accused companies and she stood guarantor for the loans availed by some of the accused companies. It is further stated by the learned counsel for respondent/CBI that she has signed many crucial documents on the basis of which the accused companies availed loans from various banks. Learned counsel for CBI further points out that the applicant/petitioner has neither annexed the itinerary of her stay at USA nor the contact details, including details of contact persons, during Signature Not Verified Digitally Signed By:KOMAL DHAWAN Signing Date:03.05.2023 17:45:59 her visit to USA. Similar pleas are also raised by the learned counsel appearing on behalf of other respondents. It is further stated by the learned counsel for CBI that if the petitioner is allowed to travel abroad, there is every chance that the petitioner may not return back to India.
6. This Court has heard the rival contentions of the parties and considered the same.
7. Though the petitioner has moved an application seeking permission to travel to USA and UK, however, on instructions from the petitioner, learned senior counsel for the petitioner states that they are confining their relief qua travel to USA only and that too for a period of ten days i.e., from 09.05.2023 to 18.05.2023 for following up on her medical check-up/consultation with doctors.
8. In view of the same, this Court is inclined to grant permission to the petitioner to travel to USA from 09.05.2023 to 18.05.2023 for follow-up medical check up/consultations with her Doctors at EMORY Healthcare, Atlanta, Georgia, United States of America on the following conditions:
(i) The petitioner/applicant shall disclose her complete itinerary, details of place of her stay in USA, contact details of the petitioner in USA, contact details of any other person in USA by filing an affidavit before this Court;
(ii) Ms. Neelima Desai, mother of the petitioner, shall act as a surety for the petitioner and will file an undertaking to this effect before this Court. The surety shall not leave this country while the petitioner is abroad;Signature Not Verified Digitally Signed By:KOMAL DHAWAN Signing Date:03.05.2023 17:45:59
(iii) The petitioner shall furnish a surety of a sum of Rs.50,00,000/-
(Rupees Fifty Lacs only) to the satisfaction of the Registrar General of this Court for this period of travel;
(iv) The petitioner shall furnish her mobile number at the time of furnishing her undertaking before the Registrar General, as stated above, and she shall undertake to keep her mobile phone operational all the time during her visit to USA;
(v) The petitioner shall drop a pin on the Google Map application to indicate her location to the concerned Investigating Officer, CBI;
(vi) The petitioner shall report to this Court on her return to India
and shall not try to influence or hamper the
inquiry/investigation, in any manner;
(vii) The petitioner and Mrs. Neelima Desai, the mother of the petitioner No.1, are permitted to file an undertaking before this Court within two days from today.
9. A copy of the undertaking be also supplied to the learned counsel appearing on behalf of the respondents.
10. With these directions, the present application is disposed of. W.P.(C) 1872/2021
11. List on 04.05.2023 before the Registrar General of this Court for compliance.
12. List on 05.10.2023 before Court.
GAURANG KANTH, J MAY 2, 2023/N3 Signature Not Verified Digitally Signed By:KOMAL DHAWAN Signing Date:03.05.2023 17:45:59