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2023 DIGILAW 80 (BOM)

Priya Mariam Cherian v. State Of Maharashtra

2023-01-06

PRITHVIRAJ K.CHAVAN, REVATI MOHITE DERE

body2023
JUDGMENT 1. Heard learned Counsel for the parties. 2. By this interim application, the applicant seeks permission to travel to Amsterdam, Netherlands from 10/1/2023 to 20/1/2023 and as such, seeks suspension of Look Out Circular ('LOC') issued against her, during the said period. 3. Mr. Gupte, learned Senior Counsel for the applicant, during the course of his submission, submitted that the applicant also intends to travel to U.S. to meet her daughter, sometime in February 2023 for about 20-30 days. He states that the applicant is ready to file an affidavit-cum-underaking on both the occasions, setting out the itenarary and that she would return to India on completion of the period of her travel. 4. Learned Senior Counsel for the applicant submits that the applicant has a good case on merits, inasmuch as, she was not concerned with the transaction which is of 2010; and that she was working as a Human Resource Person from September 2016 with Alibaba India e-Commerce Private Ltd. and held the post of a Director from 14/8/2018 to 28/2/2019. He submits that the applicant resigned from the post of the Directorship, where she was the Non- Executive Director and left Alibaba India e-Commerce Private Ltd. with effect from 28/2/2019. He submits that presently, the applicant is working with PayU Finance India Pvt. Ltd. as the global Human Resources Head. He further submits that considering the applicant's designation, she is required to travel overseas for business meetings and as such, presently intends to travel to Amsterdam, Netherlands from 10/1/2023 to 20/1/2023. He further submits that the applicant's minor daughter is studying in the University of Wisconsin- Madison, USA and as such, the applicant intends to visit her in February 2023 for a period of 20-30 days. He submits that on both the occasions, the applicant is ready to file an affidavit-cum-undertaking, as may be directed by this Court. 5. Today, learned Senior Counsel for the applicant has tendered an affidavit of the applicant dtd. 5/1/2023 duly affirmed before the Notary. In the said affidavit, the applicant has stated that she is based in Bengaluru, Karnataka and is working with PayU Finance India Pvt. Ltd. as the Global Human Resources Head. 5. Today, learned Senior Counsel for the applicant has tendered an affidavit of the applicant dtd. 5/1/2023 duly affirmed before the Notary. In the said affidavit, the applicant has stated that she is based in Bengaluru, Karnataka and is working with PayU Finance India Pvt. Ltd. as the Global Human Resources Head. The applicant has further stated that PayU Finance India Pvt. Ltd. has its headquarters in Netherlands and as such, she is required to travel to Netherlands and other countries from time to time to attend to her professional responsibility. She has further stated that she intends to travel to Amsterdam, Netherlands from 10/1/2023 to 20/1/2023 and that she would return to India on 20/1/2023. To the said affidavit, are annexed the tickets of her travel to Amsterdam and the place where she intend to reside during the said stay. 6. Learned A.P.P, on instructions, states that the investigation is in progress and that subject to the appropriate conditions, the applicant can be permitted to travel. 7. .The applicant's husband is gainfully employed in Bengaluru. The applicant and her husband reside in Bengaluru and as such, have roots in the society. 8. Having heard learned Counsel for the parties and considering what is stated aforesaid, the application is allowed on the following terms and conditions: ORDER (i) The applicant-Priya Mariam Cherian is permitted to travel to Amsterdam, Netherlands during the period from 10/1/2023 to 20/1/2023; (ii) The applicant is also permitted to travel to USA to meet her daughter in February 2023, for a period of 20-30 days, who is currently studying in the University of Wisconsin- Madison, USA; (iii) On both the occasions, the applicant, before her departure, to file an affidavit- cum-undertaking with the Registrar (Judicial-I) of this Court, giving full itinerary of her travel with all details including the tickets, the addresses where she would be staying, as well as the contact numbers on which she can be contacted, during the said period. A copy of the said affidavit-cum-undertaking shall also be furnished to the respondent No. 1 i.e. the concerned Investigating Officer of the Economic Offences Wing before the applicant's departure, by hand delivery as well as by email/fax; (iv) During the said period, the Immigration Authorities on all points of departure, will permit the applicant to pass through immigration and to board the flight/flights, irrespective of whether the immigration system has been updated and whether the respondent No. 1 has informed the Immigration Authorities or not; (v) In the meantime, the operation of the LOC issued against the applicant, is stayed during the said period i.e. between 15/1/2023 and 21/1/2023 and for the period, when the applicant intends to depart to USA in February 2023, till her return in February 2023; (vi) The respondent No. 1 to forthwith communicate this order to the immigration authorities and in any event within 48 hours of this order being uploaded. 9. The application is allowed in the aforesaid terms and is accordingly disposed of. 10. Writ Petition No. 4495/2022 be listed on 9/2/2023. 11. All concerned to act on the authenticated copy of this order. Application allowed.