TaxTMI 
TaxTMI 
2026 (5) TMI 275
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....d 12.02.2026 rejected the application seeking permission to travel abroad, U.A.E. Aggrieved by the order, this Appeal has been filed. 2. Certain brief facts to be noticed for deciding the Appeal:- 2.1. Personal Insolvency proceedings against the Appellant were admitted on 29.04.2024. There have been various criminal proceedings pending against the Appellant. Appellant sought leave of Gujarat High Court to travel to U.A.E for business purpose on different dates in the year 2024 to February 2025. On 10.02.2025, a U.A.E based company namely- Hypermax General Trading Company LLC issued a Purchase Order dated 10.02.2025 in favour of the Appellant for implementation of ERP and IT systems. Appellant's case is that Appellant travelled to U.A.E during the periods March 2025 to August 2025 on the permission granted by Gujarat High Court. On 12.09.2025, the Adjudicating Authority passed an order declaring the Appellant bankrupt and issued a direction that Appellant is not permitted to travel abroad effective from 12.09.2025 without permission of the Tribunal. Appellant filed an IA No.1178 of 2025 seeking permission of the Adjudicating Authority to travel abroad for 15 days every month i....
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....peal has become infructuous. It is further submitted that the Purchase Order dated 11.02.2025 was only for a period of 13 months whose duration has come to an end on 10.03.2026. It is submitted that reliance of parallel run for six months was period which started running w.e.f. 11.02.2025 and that period has also come to an end. It is submitted that the duration of Purchase Order having come to an end, there is no basis for making any prayer in the Appeal to permit travel upto September 2025. Learned Counsel for the Respondent No.1 submits that in the bankruptcy of the Appellant the claim of Rs.33,400 Crore have been received and it is open for the Appellant to make an application before the Adjudicating Authority if any cause of action arises. 6. We have considered the submissions of the Counsel for the parties and perused the record. 7. In the application which was filed by the Appellant being IA No.1178 of 2025, Appellant made following prayers in paragraph 12:- "12. The applicant humbly prays as under:- a. That this Hon'ble Adjudicating Authority may be pleased to permit the Applicant to travel abroad from 17th October to 29th October, 2025, 15 days ....
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.... (Duration from 11/02/2025 to 10/03/2026) 2. Parallel run for six months 6 Per Month 2,000.00 12,000.00 Payment Terms: No advance payment Monthly Payment will be paid within 60 days from the date of Payment Application duly certified by Head of the Information & Technology Department. Over and above Indian Rupees, 1,00,000.00 will be paid to you every month. Every month you need to remain in UAE for minimum for 15 days Total Value: 51,000.00 Total AED: Fifty one thousands only Net Total: 51,000.00 Thanks & regards, For, Hypermax General Trading Company LLC P.O. Box 93066, Dubai, United Arab Emirates. Email: [email protected]" 10. As noted above, the prayer in the application of the Appellant in the application was only permission to travel till March 2026. Admittedly, the said pe....
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....over i.e. in November, 2023 and June, 2024 for business purpose(s) which concession has never ever been misused by him and he has returned back in time. The relevance/importance of a business meeting is required to be assessed by the persons attending such meeting and the relevance thereof ought not to be ordinarily entered into by the Court while considering a plea for travelling abroad. Not Nothing perceptible has been brought forward before this Court to decipher that there is likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. Ergo, the petition in hand ought to be granted." 12. There cannot be any dispute to the proposition that in the Appeal which is continuation of the proceeding initiated by party before the Adjudicating Authority, Court can always consider the relief on the basis of subsequent events. 13. The issue which has been raised between the parties is regarding true interpretation of Purchase Order dated 10.02.2025 relied by the Appellant. When we look into the Purchase Order, Purchase Order mentioned duration as '13 months plus six months'. Serial No.1 and Serial No.2 provides for duration from 11....