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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 3235 of 2022 [On note for speaking to minutes of order dated 08/05/2024 in R/SCR.A/3235/2022 ]

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MANOJ MAHENDRA SOMANI Versus UNION OF INDIA & ORS.

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Appearance:

MR PRIYAM M SHAH(12095) for the Applicant(s) No. 1 KSHITIJ M AMIN(7572) for the Respondent(s) No. 3 MR RC KODEKAR(1395) for the Respondent(s) No. 2 MS NALINI S LODHA(2128) for the Respondent(s) No. 3 NOTICE NOT RECD BACK for the Respondent(s) No. 1 NOTICE SERVED for the Respondent(s) No. 4 PUBLIC PROSECUTOR for the Respondent(s) No. 5 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA Date : 09/05/2024

ORAL ORDER

Perused the ofÏce note.

In the aforesaid matter after pronouncing and transferring the judgment, it was noticed that, in para-3.2, some deleted portion is reflected, which in fact was deleted and therefore, said para-3.2 now be read as under:

“3.2 The respondent Bank of Baroda filed a complaint before the Central Bureau of Investigation, Mumbai against the applicant and others on 15.12.2020, which was registered as

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FIR No. RC0772020E005 for the offences punishable under Section 120B read with Section 420 of the IPC and Section 13(2) read with Section 13(1)(d) of the PC Act, 1881. In the FIR, it is alleged that, during April, 2017 to July, 2019, the applicant accused and others were party to the criminal conspiracy to cheat respondent Bank of Baroda and in pursuant of aforesaid criminal conspiracy, the accused, Directors and Company M/s. GPL diverted the funds other than the sanctioned. “

Registry is directed to do the needful and issue a writ accordingly.

OfÏce note is disposed of.

(ILESH J. VORA,J)

P.S. JOSHI

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 3235 of 2022 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE ILESH J. VORA ==========================================================

1	Whether Reporters of Local Papers may be allowed to see the judgment ?
2	To be referred to the Reporter or not ?
3	Whether their Lordships wish to see the fair copy of the judgment ?
4	Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?

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MANOJ MAHENDRA SOMANI Versus UNION OF INDIA & ORS.

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Appearance:

MR SHALIN MEHTA, SENIOR COUNSEL ASSISTED BY MR PRIYAM M SHAH(12095) for the Applicant(s) No. 1 KSHITIJ M AMIN(7572) for the Respondent(s) No. 3 MR RC KODEKAR(1395) for the Respondent(s) No. 2 MS NALINI S LODHA(2128) for the Respondent(s) No. 3 NOTICE NOT RECD BACK for the Respondent(s) No. 1 NOTICE SERVED for the Respondent(s) No. 4 MS CM SHAH, APP for the Respondent(s) No. 5 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA Date : 08/05/2024

ORAL JUDGMENT

1. The applicant is before this Court calling in question a

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look out circular issued against him which restrains him from travelling abroad.

2. The applicant – Manoj Mahendra Somani, was stopped by the immigration ofÏcer at the Ahmedabad Airport, when he was scheduled to travel Dubai on 24.11.2021 and was informed orally that, look out circular had been opened in his name and therefore, he could not be permitted to travel at Dubai.

3. Brief facts that lead to the applicant to file this application, as borne out as pleadings are as follows:

3.1 The applicant was erstwhile Director of Gopala Polyplast Pvt Ltd Company. The company had availed a Cash Credit Facilities from the respondent no. 3 – Bank of Baroda. The applicant was one of the Dir

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