Vijay Goverdhandas Kalantri And Another v. Bank Of Baroda (Formerly Vijaya Bank) And 4 Others

Pallavi 919-ia-3309-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.3309 OF 2022 IN WRIT PETITION (L) NO.5543 OF 2022 Vijay Goverdhandas Kalantri and Anr.

... Applicants V/s.

Bank of Baroda (formerly Vijaya Bank) and Ors. ... Respondents ------------------- Mr. Harinder Toor a/w Mr. Nirav Shah, Anuj Jaiswal i/b M/s. Little & Co. Advocate for the Applicants.

Mr. Anand Bamne i/b M/s. A.R. Bamne & Co., Advocate for Respondent Nos.1 to 3.

--------------------- by PALLAVI MAHENDRA WARGAONKAR Date:

2022.08.12 20:35:37 +0530 CORAM : S.V. GANGAPURWALA & MADHAV J. JAMDAR, JJ.

PALLAVI MAHENDRA WARGAONKAR DATED : 12th AUGUST 2022 P.C. :

1.

The Petitioners are declared as a willful defaulter. The same is subject matter of the Writ Petition.

2.

The Petitioner No.2 seeks leave to travel abroad. A lookout circular has been issued against the Petitioners. 3.

Petitioner No.2 wants to go overseas to make arrangements for his daughter who has been granted admission in California (U.S.A.) from 17th August 2022 to 27th August 2022.

4.

The learned counsel for the Respondent - Bank submits that huge amount is due against the Petitioners. They have defalcated

Pallavi 919-ia-3309-2022.doc the amount.

5.

The question of lookout circular is subject matter of consideration. Considering the cause mentioned, we pass the following order :-

ORDER

(i) The Petitioner No.2 shall on affidavit file itinerary with the Prothonotary and Senior Master, a copy of which shall be given to the Bank.

(ii) The Petitioner No.2 shall on affidavit disclose their entire assets movable as well as immovable. The said affidavit shall be filed with the Prothonotary and Senior master and the copy of which shall be given to the Bank. (iii) The Petitioner shall return back to India on 27th August 2022.

(iv) Considering that it is the case of the Bank that huge amount is outstanding against the Petitioners, the Petitioner No.2 who is granted permission to travel abroad shall travel by economy class only.

(v) The Look Out Circular shall not be operative against the Petitioner No.2 for the purpose of travel from 17th August 2022 to 27th August 2022.

6.

Interim application is disposed of accordingly. 7.

Parties to act on authenticated copy of this order. (MADHAV J. JAMDAR, J) (S.V. GANGAPURWALA, J)