Delhi High Court - Orders
Ashutosh Sharma vs Union Of India & Anr on 29 August, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7769/2022
ASHUTOSH SHARMA ..... Petitioner
Through: Mr.Saurabh Kirpal, Sr. Adv. with
Mr.Samir Rohatgi, Mr.Manohar
Malik, Ms.Kinjal Shrivastava,
Mr.Kartikey, Ms.Nupoor Maharaj,
and Mr.Nikhil Arora, Advs.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr.Rajesh Gogna, CGSC with
Mr.Digvijay Prasad and Mr.Vidit
Jain, Advs. for R-1.
Mr.Arun Aggarwal, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 29.08.2022 CM APPL. 34884/2022 (Direction)
1. This application has been moved for the petitioner being permitted to undertake travel in the interim and notwithstanding the issuance of the Look Out Circular at the behest of the respondent Financial Institution. The Court had taken note of the challenge laid to the issuance of the said circular in its order of 19 May 2022, which reads as under:-
" The Court takes note of the submission of Mr. Kirpal, learned Senior Counsel, who submits that no monies are due or payable by the petitioner to any Financial Institutions in India. He further submits that the petitioner also does not stand named in any FIR which may allege the commission of a cognizable offence.
In view of the above he would submit that in terms of paragraphs Signature Not Verified Digitally Signed By:NEHA Signing Date:29.08.2022 18:29:56 6(H) and 6(I) of the Circular dated 22 February 2021 itself no restriction can possibly be placed on the travel of the petitioner. The Look Out Circular which has been opened at the request of the Financial Institution is challenged on the aforesaid grounds......."
2. Pursuant to the permission granted then the petitioner did undertake the requisite travel. The Court is further informed that the conditions that were imposed have been duly complied with. In terms of the present application, the petitioner seeks permission to undertake travel between September 2022 and November 2022.
3. Bearing in mind the overall facts and circumstances of the case and the prayer made by Mr.Kirpal, learned Senior Counsel, the permission is granted in the interim to undertake the travel between 01 September 2022 to 10 October 2022, to Dubai and Turkey subject to the following conditions:-
(a) The petitioner shall file a requisite undertaking in the shape of an affidavit before the Registrar General of this Court that he shall return to the country not later than by 10 October 2022;
(b) 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 Dubai and Turkey. 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.
4. In view of the above, the application shall stand disposed of.
YASHWANT VARMA, J.
AUGUST 29, 2022/bh Signature Not Verified Digitally Signed By:NEHA Signing Date:29.08.2022 18:29:56