(1.) PRESENT application has been filed by the Petitioner seeking permission to leave the country and travel to Canada in connection with the treatment of petitioner No. 1 Ram Dilawari, who is suffering from heart ailments and has been undergoing treatment at Canada being the Canadian Senior Citizen with further directions to the investigating authorities not to prevent the petitioners from flying to Canada under any pretext thereby circumventing the order of this court passed on 20. 12. 2006. Petitioner No. 1 had undergone coronary angiography on 31. 01. 2006 at Trillium Health Centre in Mississauga, Canada. Various arteries of Petitioner No. 1 are blocked of varying degrees from 70% to 100%. On 15. 04. 2007 petitioner No. 1 is stated to have got severe pain in the chest and remained under the treatment of Dr. A. P. Arora, senior Consultant and interventional Cardiologist National Heart Institute, New Delhi and he was advised medical rest as per medical report dated 15. 04. 2007. However, investigating agency has opened look out circular after grant of the anticipatory bail to the Petitioners on 20. 12. 2006. Petitioners have complied with the said order and have deposited Rs. 3 crores with the Registrar General of this court. He accordingly seeks permission to go to Canada.
(2.) THIS application is opposed by the State as well as by the complainant.
(3.) THE Petitioners represented themselves to be the only Directors of M/s. Hari Steel and General Industries Ltd. and the absolute owner of property bearing No. A-22, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi entered into an agreement to sell the half portion of the said property with the complainant Shri Praveen Kumar Jolly for a consideration of Rs. 22 crores. Petitioners received a sum of Rs. 4 crores on 24. 05. 2003 as earnest money and the balance amount of Rs. 18 crores was to be paid after completion of certain formalities as per the MOU dated 24. 05. 2003. The Petitioners returned back rs. 1. 10 crores and kept the balance amount of Rs. 2. 90 crores with them for getting the formalities completed at their end as the property was being misused. Before this deal could be finalized and without cancellation of the deal with the complainant, Petitioners entered into another agreement to sell in respect of the same property with Shri Daljeet Singh and Sarbjeet Singh resident of Punjabi Bagh, New Delhi and received a sum of Rs. 5 crores as earnest money. This deal was for a total consideration of Rs. 55. 50 crores.