HARISH JAJODIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The above Interim Application is filed by the Applicant- Petitioner seeking permission to travel to Australia for business purposes. The above Writ Petition is filed inter alia challenging the Look Out Circular issued at the instance of Bank of Baroda.

(2.) Mr.Purohit, the learned counsel appearing on behalf of the Applicant-Petitioner submitted that substantial assets of the Petitioner have been seized by the Bank and part of them have also been sold for the recovery of its dues. The Petitioner is currently employed as a Manager of the Exports-Plastic Division of a Company called "Anzen Exports Pvt Ltd" and which is a company based on Kolkata. He submitted that the purpose of this travel is for generating business as well as recovery of certain pending payments of exports on behalf of the said "Anzen Exports Pvt Ltd". He submitted that the Applicant- Petitioner, apart from being an employee of the said company, has no other connection with it. Admittedly, Anzen Pvt Ltd is not a debtor of Bank of Baroda, was the submission. He further submitted that apart from proceedings initiated under Sec. 138 of the N.I. Act, no other criminal proceedings are pending and/or initiated against the Applicant-Petitioner. He therefore submitted that the Applicant- Petitioner be allowed to travel to Australia from 9 th September, 2023 to 25/9/2023 for the reasons stated in the above Interim Application on such terms and conditions as this Court deems fit.

(3.) The learned counsel appearing on behalf of the Bank of Baroda vehemently opposed this permission on the ground that the Applicant-Petitioner has been declared a wilful defaulter and huge amounts are still outstanding from the Applicant-Petitioner. In these circumstances, the Applicant-Petitioner ought not to be allowed to travel without first clearing the dues of the Bank.