YASHOVARDHAN BIRLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application seeking modification of the operative part of order dtd. 26/5/2023 passed in Interim Application (Stamp) No.9284 of 2023 to delete Clauses (ii)(c) and (ii)(d) thereof.

(2.) Mr.Setalvad, learned Senior Counsel, appearing on behalf of the Applicant, tenders across the bar an additional affidavit affirmed on 26/6/2023 whereby it has been clearly stated by the Applicant that the Applicant has not travelled pursuant to the said order dated 26 th May 2023. Learned Senior Counsel draws the attention of this Court to paragraph 4 of the said additional affidavit to submit that, with respect to the travel of the Applicant's children, his children did travel on 29 th May 2023 and have returned by 16/6/2023, but the Applicant has not travelled during this period. Learned Senior Counsel further draws the attention of this Court to paragraph 5 of the additional affidavit and submits that, though the Applicant attempted to travel on 17 th June 2023, after his three children were back in India, however, due to another Look Out Circular issued purportedly by UCO Bank, he could not board the flight and has been in India since then. Learned Senior Counsel would submit that, in this view of the matter, since the period of travel in the order dated 26 th May 2023 is only up to 1 st July 2023 and the Applicant has no plans to travel until then, the permission granted under the said order, in a way, has become infructuous. Learned Senior Counsel submits that, the Applicant is, however, concerned that the Condition (d) with respect to his children staying back in India, may be used as a precedent in any future application, that the Applicant may make for travel or suspension of any other Look Out Circular.

(3.) Mr.Venegaonkar, learned Counsel for the Respondent-SFIO, confirms that the Applicant has not travelled pursuant to the order dtd. 26/5/2023.