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TMI Blog2019 (10) TMI 1254X X X X Extracts X X X X X X X X Extracts X X X X ..... that despite the fact that there are recovery proceedings pending against the respondent No.1 to the tune of decretal dues of more than 98 crores and despite the fact that the lookout circular is in operation, the original petitioner is permitted to travel abroad. 3. For substantiating this grievance, learned counsel Ms. Nalini S. Lodha appearing on behalf of the appellant Bank has submitted that there is a huge decretal amount outstanding payable by the respondent No.1 and execution proceedings are pending and if the respondent No.1 will be allowed to travel abroad, it would be difficult for the bank to secure his presence and not only that but the same would be in violation of the lookout circular issued by the Ministry of Home Affairs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Single Judge, the order deserves correction. 4. As against this, learned senior advocate Mr. S.N. Soparkar appearing on behalf of the contesting respondent No.1 has vehemently contended that for the moment, the issue relates in the present proceedings is about permitting the original petitioner to leave the country for temporary period or not. The proceedings which have been initiated are being dealt with by the respondent No.1 and it has been submitted specifically that in the past also, for number of occasions, the Courts have permitted the respondent No.1 to travel abroad and has not violated any liberty and has come out within the time. It has further been submitted by imposing various terms and conditions, learned Single Judge on earl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he respondent No.1 to travel abroad by virtue of the order dated 13.9.2019 and the respondent No.1 had returned back without violating any condition. It is further not in dispute that despite the aforesaid pending proceedings initiated by the appellant bank, on number of occasions, the respondent No.1 had traveled abroad and that fact is not in dispute and as such, the apprehension which has been voiced out has rightly been taken care by learned Single Judge by imposing appropriate conditions. It has also been pointed out from the order that while exercising the discretion, learned Single Judge has heard both the sides and thereafter, imposed reasonable conditions which are mentioned in para 9 and 10 and only after imposing such conditions, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of India will permit the applicant to travel in accordance with the order of this Court. 6. In view of the aforesaid circumstance, when proper conditions have been imposed by learned Single Judge and for a brief period, respondent No.1 is permitted, we see no reason to interfere with the discretion exercised by learned Single Judge. The said conclusion is arrived at after proper examination of the material and after considering the fact about the lookout circular as well. When that be so, we see no error in the order passed by learned Single Judge. Accordingly, the Letters Patent Appeal being devoid of merits, stands dismissed hereby. 7. Since the Letters Patent Appeal is dismissed, the Civil Application does not survive and stands di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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