In a company application, the High Court held that the Company Court did not need to modify its earlier order. The Special Judge handling the criminal proceedings under M.P.I.D. should consider the applicant's travel request on merits.
No modification of the order dated 20 July 2001; matter remitted to Special Judge for consideration on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
cal-513.13.doc
ppn 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY APPLICATION (L) NO.513 OF 2013 IN COMPANY APPLICATION NO.418 OF 2001
Mr. Javed Akhtar .. Applicant In the matter between M/s. Suman Motels Ltd. .. Orig. Applicant Vs. State of Maharashtra .. Respondent
Mr.Swapnil Ambhure a/w Ms. Ashwini Sawant a/w Urjita B. a/w Mikhail Dey i/by M/s. Dinesh Tiwari & Associates for the applicant. Mr. S.K. Nair, 'A' panel counsel for State of Maharashtra.
CORAM : N.M. JAMDAR, J. DATE : 24 October 2013
P.C. :
. By this application, the applicant seeks permission to travel to London and Dubai for a period from 1 November 2013 to 25 November 2013 and for a direction to the Investigating Officer to release the passport of the applicant to enable the applicant to renew the same.
ppn 2 cal-513.13.doc
proceedings. Thereafter, the matter was moved by the state for vacating the ad-interim relief. The State had an apprehension that the if the directors were set free on bail they would flee and therefore their passports should be deposited with the investigating Officers. The learned counsel for the applicant had made a statement that the passports of all the Directors of the company will be deposited with Investigating Officers. Stay to the investigating proceedings was accordingly vacated by order dated 20 July 2001. Undertakings of the applicant that they will deposit the passports was accepted. The police authority was given liberty to apply to the Special Judge as and when necessary.
ppn 3 cal-513.13.doc
and whether the applicant will misuse the same while traveling abroad, can be better evaluated by the Special Judge who is seized of the proceedings under the M.P.I.D. Act. Even the order passed by the Company Court on 20 July 2001 suggests that the police authority should continue with the investigation. The statement regarding deposit of passport was made by the learned counsel in connection with the criminal proceedings.
N.M. JAMDAR, J.
2 issues framed by the court
Whether the Company Court should modify its earlier order permitting travel abroad for the director of a company under liquidation pending criminal proceedings.
Whether the Special Judge is the appropriate authority to evaluate the applicant's request for permission to travel abroad.
M/s. Suman Motels Ltd.
State of Maharashtra
N.M. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
