2019 (9) TMI 1604

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..... 50 lakhs by way of DD in the name of Registrar General of this Court, to be put in Fixed Deposit initially for a period of 90 days, subject to further orders. Note for Speaking to Minutes stands disposed of. Registry is directed to issue fresh writ. Direct service permitted today.  JUDGEMENT HONOURABLE MR.JUSTICE A.Y. KOGJE MR SN SOPARKAR, SENIOR ADVOCATE assisted by MR KEYUR GANDHI for NANAVATI ASSOCIATES(1375) for the Petitioner MR KSHITIJ AMIN for the Respondent MR RR MARSHALL, SENIOR ADVOCATE assisted by MS NALINI S LODHA for the Respondent   ORAL ORDER 1. In response to the notice, respondent No.4-Bank has filed affidavit in reply, which is taken on record. 2. The Court proposes to take up the mat....

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....e petitioner, who is working now as a Consultant, is required to attend conference in USA, for which he has received necessary documents and the schedule of the conference. It is submitted that it is one such conference that is going to be conducted by the petitioner himself and hence, presence of the petitioner is necessary. 4.2 It is further submitted that the proceedings for recovery of the dues are pending since 2007 and in between, the petitioner has travelled on several occasions and has returned to India and therefore, apprehension that the petitioner is to go away permanently, is unfounded. 4.3 Learned Senior Advocate for the petitioner also submitted that the Immigration Department cannot restrain the petitioner from travelli....

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....false to the knowledge of the petitioner as now in the present case, the petitioner has prayed for travelling out of India in his capacity as a Consultant Chemical Engineer. The Bank therefore proposes to initiated appropriate proceedings including criminal proceedings against the petitioner for filing false affidavit. 6.1 Learned Senior Advocate for respondent No.4- Bank further submitted that proposal for issuing lookout circular is already made by the Bank on 26.08.2011 and knowing this, the petitioner is now likely to never return to India. It is submitted that considering provisions of the Office Memorandum for issuing of LOC, the requirements are clearly established and therefore, the petitioner may not be permitted to leave India ....

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....e petitioner had stood as guarantor. The company was later on declared sick company and winding up was recommended. The petitioner had stood guarantor to the principal borrower company. The attempts appear to have been made for full and final settlement of account and from the pleadings, it appears that the petitioner had also sent several proposals to the respondent Bank, which on one count or the other, could not be finally settled. 8.1 The documents produced on record indicate that the decree was drawn on 10.04.2015 and thereafter, the petitioner had, on several occasions, travelled out of India. The copies of passport with stamps of visas of various countries are produced at Annexure=E. 8.2 The petitioner, who is to attend 35th An....