TMI Blog2019 (10) TMI 1254X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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. 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. Whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of Home Affairs. Learned counsel has further submitted that apart from this, the conduct of the original petitioner is such that he provided a false information and declaration about his assets which are reflecting on page 213 of the petition compilation and by pointing out the incorrect information, which has been submitted by respondent No.1, a submission is made that learned Single Judge ought not to have granted permission. It has further been emphatically stated by learned counsel for the bank that though the respondent No.1 is one of the Directors of the company, has chosen to declare that practically, he is living a retirement life and is earning nearly an amount of ₹ 2,25,120/- and by giving such kind of false information, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned Single Judge on earlier occasion, i.e. on 13.9.2019, had also permitted the respondent No.1 and the respondent No.1 has abided by all the terms and has returned back and it has further been submitted that the respondent No.1 is not going to run away. On the contrary, for a temporary period, on suitable conditions, learned Single Judge has exercised the discretion. Learned Single Judge has also appreciated the lookout circular and after considering such submission of the bank, the order is passed. Mr. Soparkar has further submitted that it is not that the respondent No.1 is going abroad for the first time. During the span of couple of years, on more than 10 occasions, the respondent No.1 had traveled abroad and has come back. So, the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r imposing such conditions, the order is passed. Reference can be made to the observations which have been made in para 9 and 10, hence the same are reproduced hereinafter:- 9. Considering the aforesaid submissions made by the learned advocates appearing on behalf of the respective parties and considering the order passed by the Co-ordinate Bench of this Court on 13th September, 2019, the applicant is permitted to travel abroad as per his travel plans between the period from 26th October, 2019 to 5th November, 2019 on following conditions: (A) Furnishing a personal bond by a person other than a person against whom the complaints are made, to the Registrar General of this Court; (B) Amount of ₹ 50 Lakhs deposited by the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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