REVATI MOHITE DERE, PRITHVIRAJ K. CHAVAN
Priya Mariam Cherian – Appellant
Versus
State Of Maharashtra – Respondent
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-Commerc
The court balanced the applicant's right to travel with the need for ensuring compliance and oversight through specific undertakings and conditions.
The suspension of international travel restrictions during an investigation is a discretionary measure. It is granted based on the applicant’s past compliance, professional necessity, and the court's....
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