Delhi High Court - Orders
Surender Kumar Bansal & Anr vs Union Of India & Ors on 13 June, 2022
Author: Jyoti Singh
Bench: Jyoti Singh
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 11367/2021
SURENDER KUMAR BANSAL & ANR. ..... Petitioners
Through: Mr. Mohit Mathur, Senior Advocate
with Mr. Lalit Gupta and Mr. Siddharth Arora,
Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Ms. Bharathi Raju, Senior Panel
Counsel for R-1 and 2.
Mr. Kartik Kaushal, Advocate for R-3.
Mr. Kailash Sharma, Advocate for R-4.
Mr. Kush Sharma and Mr. Shubhankar, Advocates
for R-5.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 13.06.2022 CM APPL. 23254/2022
1. Present application has been preferred on behalf of the Petitioners seeking permission to travel for work to Scotland as well as to visit their daughter who is studying in the University of Bath, United Kingdom.
2. It is averred in the application that Petitioner No. 1 is a permanent employee with Krishna Dal Mill Pvt. Ltd., which is a sister concern/group company of Patanjali Ayurved Ltd., both based at Delhi.
3. Learned Senior Counsel appearing on behalf of the Petitioners submits that present application has been filed by the Petitioners seeking permission to travel to United Kingdom for two-fold reasons. Patanjali Ayurved Ltd. proposes to set up, operate and run a full-fledged Wellness Centre in Scotland at Little Cumbrae Island and for this proposed project, Signature Not Verified Digitally Signed W.P. (C) 11367/2021 Page 1 of 4 By:KAMAL KUMAR Signing Date:14.06.2022 18:11:29 Petitioner No.1 has been asked to visit Scotland, vide letter dated 09.05.2022, which is placed on record. However, the main reason for the visit is that the daughter of the Petitioners, namely, Ms. Palak Bansal is pursuing Masters Degree in International Management from University of Bath and the Petitioners desire to meet their daughter.
4. It is further urged that vide order dated 08.10.2021, Petitioners were permitted to travel to United Kingdom for a period of two weeks to help in settling their daughter, when she had got admission in the University of Bath and the Petitioners had returned to India at the end of two weeks, without violating any condition imposed by the Court while granting the permission.
5. Learned counsel appearing on behalf of Respondent No. 3, opposing the application, submits that investigations reveal that Petitioner No. 1 has connections with Krishna Dal Mill Pvt. Ltd. but has no link with Patanjali Ayurved Pvt. Ltd. He further submits that chargesheet for Rs. 56 Crores has been filed and investigation for the balance amount is in progress.
6. I have heard the learned Senior Counsel appearing on behalf of the Petitioners and learned counsels appearing on behalf of Respondents.
7. It is not disputed that the daughter of the Petitioners is pursuing Masters Degree in the University of Bath. In fact, vide order dated 08.10.2021, this Court had granted permission to the Petitioners to travel to UK to settle their daughter who had got admission in the said University. It is also not disputed that the Petitioners had returned to India at the end of two weeks period without violating any condition imposed by the Court. Petitioners have also placed on record the letter dated 09.05.2022 from Patanjali Ayurved Ltd., a sister company of Krishna Dal Mill Pvt. Ltd., wherein Petitioner No. 1 is employed as a permanent employee. Reply filed Signature Not Verified Digitally Signed W.P. (C) 11367/2021 Page 2 of 4 By:KAMAL KUMAR Signing Date:14.06.2022 18:11:29 on behalf of Respondent No. 3 reflects that the Regular Case bearing no. RC.06(E)/2018, BSFB, CBI, Delhi in the present case was registered on 12.04.2018 and the chargesheet has been filed only on 12.01.2022, on which cognizance has not been taken so far.
8. For all the aforesaid reasons, I am inclined to grant permission to the Petitioners to travel to Scotland as well as to visit their daughter at the University of Bath, United Kingdom, for a period of four weeks, subject to the following conditions:-
(i) Petitioners will jointly furnish a security of Rs. 5 Crores, to the satisfaction of the Registrar General of this Court. The security can be furnished in the form of an FDR; a Bank Guarantee; unencumbered immovable property of the same value belonging to the Petitioners or any of their close relative, who will also furnish an undertaking before the Registrar General.
(ii) Petitioners will disclose the complete itinerary along with their address(es) of stay during their visit to United Kingdom.
(iii) Petitioners will give their mobile numbers, which they intend to use during their stay in United Kingdom and shall ensure that the numbers are kept operational at all times.
(iv) Petitioners will not interact with any witness or hamper the investigation in any manner during the visit. They shall also not create any third-party interests in any of the assets that they own in India or abroad during this period.
(v) Petitioners will return back to India immediately on expiry of four weeks from the date of their departure.Signature Not Verified Digitally Signed W.P. (C) 11367/2021 Page 3 of 4 By:KAMAL KUMAR Signing Date:14.06.2022 18:11:29
9. Accordingly, the application is allowed and disposed of in the above terms.
W.P. (C) 11367/2021
10. In view of the order passed above, list before the Registrar General on 15.06.2022.
JYOTI SINGH, J (VACATION JUDGE) JUNE 13, 2022/sn Signature Not Verified Digitally Signed W.P. (C) 11367/2021 Page 4 of 4 By:KAMAL KUMAR Signing Date:14.06.2022 18:11:29