PRASHANT MARUTIRAO VITANKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The above Interim Application is filed by the Applicant/Petitioner seeking permission of this Court to travel abroad from 7 th September, 2023 to 8/1/2024.

(2.) The learned Advocate appearing on behalf of the Applicant/Petitioner, on instructions stated, that for the time being if the Applicant/Petitioner is allowed to travel from 7 th September,2023 to 7/12/2023 (for the period of 3 months) that would suffice for the time being. He submitted that Applicant/Petitioner would be flying from Mumbai to Dhaka, (Bangladesh) on 7/9/2023 and from there, he would be traveling to the Ivory Coast, Togo, Nigeria, Vietnam and the UAE. The learned counsel appearing on behalf of the Applicant/Petitioner submitted that the Applicant/Petitioner is a Non Resident Indian and infact is a resident of Hong-Kong. He submitted that the dues of UCO Bank are not of UCO Bank, Hong-Kong Branch, and not of any Indian Branch. Despite this a Look Out Circular (for short "LOC") has been issued by the UCO Bank in India. He submitted that in the past also the Applicant/Petitioner has been permitted to travel by this Court. In this regard he has brought to our attention the order passed on 14/6/2023 in Interim Application (L) No 11204 of 2023. He submitted that on same or similar terms and conditions the Applicant/Petitioner be allowed to travel. He submitted that this is more so when one takes into consideration that on the earlier occasion also the Applicant/Petitioner has complied with all the terms and conditions that were imposed. He has further stated that there is no criminal action either initiated or pending against the Applicant/Petitioner.

(3.) The learned Counsel for UCO Bank has opposed the applicaton. He submitted that huge amounts are due to UCO Bank Hong-Kong Branch. In the alternative, he submitted that if the Applicant/Petitioner is granted permission to travel, a condition be imposed whereby he is directed to disclose on oath, his assets and a further direction that he be restrained from disposing of the same.