Delhi High Court - Orders
Nipun Singhal vs Union Of India & Ors on 4 July, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9841/2022 & CM APPL. 29064/2022
NIPUN SINGHAL ..... Petitioner
Through: Mr.Siddharth Aggarwal, Sr. Adv.
with Mr.Nikhil Singhvi, Ms.Supriya
Juneja, Mr.Mohit Seth, Mr.Abhinav
Sekhri, Ms.Arshia Ghose and
Mr.Shikhar Garg, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Anurag Ahluwalia, CGSC with
Mr.Shubham Gupta, Adv. for R-1.
Mr.Kush Sharma and Mr.Shubhankar,
Advs. for Bank of Baroda.
Mr.Nikhil Goel, SPP with Mr.Kartik
Kaushal, Adv. for R-3/CBI.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 04.07.2022 CM APPL. 29050/2022 (exemption) Allowed, subject to all just exceptions.
The application shall stand disposed of.
W.P.(C) 9841/2022 & CM APPL. 29064/2022
1. Since from the disclosures made in the writ petition, it transpires that the investigation initiated by the third respondent is pursuant to a complaint made by the State Bank of India, let that Bank be also included as a party respondent. The Court accepts the oral prayer made by the learned counsel for the petitioner for impleading State Bank of India as a party respondent. Accordingly, let an amended memo of parties be filed on or before the next Signature Not Verified Digitally Signed By:NEHA Signing Date:04.07.2022 16:30:08 date fixed.
2. Notice. Since respondent Nos. 1 to 3 are duly represented by learned counsel, let counter affidavits be filed within a period of four weeks. The petitioner shall take steps for service upon the newly impleaded respondent through all permissible modes including via approved courier service. The said respondent may also file its reply on or before the next date fixed.
3. For the purposes of considering the prayer made for permission being accorded in the interim to enable the petitioner to travel to Spain and attend the graduation ceremony of his son which is fixed for 5 and 6 July 2022, the Court takes note of the following facts.
4. The Court firstly takes into consideration the statement of learned counsel appearing for CBI, the third respondent, who on instructions states that pursuant to notices issued the petitioner has joined the investigation and has extended full cooperation. The Court further notes that insofar as the allegation of siphoning of funds is concerned, all that the Bank of Baroda has appeared to have done is initiate insolvency proceedings against the corporate debtor. However, even though the forensic audit was undertaken in 2019, no further action is stated to have been initiated against the petitioner. Even criminal proceedings, if otherwise justified in light of the findings of the forensic audit, are not stated to have been initiated against the petitioner. The Court also bears in mind the disclosure made in the writ petition that although the CBI investigation was initiated on the complaint of SBI, no wrongdoing has been alleged against the petitioner in that complaint.
5. The Court consequently finds that since the petitioner has joined the criminal investigation and no other proceedings which may warrant his right Signature Not Verified Digitally Signed By:NEHA Signing Date:04.07.2022 16:30:08 to travel being restricted have been initiated, the interim permission is liable to be granted subject to the following conditions.
6. Accordingly the petitioner shall be permitted to travel to Spain w.e.f. 04 July to 23 July 2022 subject to the petitioner complying with the following conditions:-
(a) The petitioner shall file an undertaking in the form of an affidavit with the respondent No.2 as well as with the Registrar General of this Court undertaking therein that he shall not dispose of any of the immoveable properties seized by the respondent No.2 and lying with him during the pendency of the present petition. The copies of the documents which the petitioner will file with the Registrar General, shall also be furnished to all the respondents;
(b) The petitioner shall also file a requisite undertaking before the Registrar General of this Court that he shall return to the country not later than by 23 July 2022;
(c) The petitioner will also furnish to the respondents a copy of the air tickets he has purchased for his travel, along with the complete itinerary of his stay in Spain. The petitioner will also provide a phone number which would be used by him during his stay abroad, which number will be kept operational at all times;
(d) The petitioner shall also submit a surety bond of a close relative or family friend to the effect that the petitioner and the family shall return to the country on or before 23 July 2022. The surety shall also undertake to permit the respondents to take Signature Not Verified Digitally Signed By:NEHA Signing Date:04.07.2022 16:30:08 appropriate coercive action pursuant to any directions that may be framed by this Court in case the petitioner fails to abide by the terms and conditions extracted hereinabove.
(e) The Court also takes on board the statement made on behalf of the petitioner that in case of a failure on his part to return to the country on or before 23 July 2022 it shall be open for this Court to proceed against the personal assets standing in the name of the wife and son of the petitioner also.
7. The Court requests Mr.Ahluwalia, learned counsel representing the first respondent, to duly apprise the competent authorities of the passing of the present order.
8. List again on 23.11.2022.
9. A copy of this order be given dasti under the signature of the Court Master.
YASHWANT VARMA, J.
JULY 4, 2022/bh Signature Not Verified Digitally Signed By:NEHA Signing Date:04.07.2022 16:30:08