IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (FOR ORDERS) NO. 2 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 13102 of 2025 ==========================================================

ANISH KASTURBHAI SHAH Versus UNION OF INDIA & ORS.

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Appearance:

MR KEYUR GANDHI ADVOCATE WITH MS JILL MEHTA ADVOCATE FOR GANDHI LAW ASSOCIATES(12275) for the PETITIONER(s) No. 1 MR PRADIP D BHATE(1523) for the RESPONDENT(s) No. 1 MR RC KODEKAR(1395) for the RESPONDENT(s) No. 2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA Date : 30/09/2025

IA ORDER

[1] Learned advocate Mr. Keyur Gandhi with learned advocate Ms. Jill Mehta appearing for the petitioner points out that similarly situated co-accused namely Kamal Ramesh Sheth, despite the issuance of Look Out Circular was required to travel to Phuket in the month of February, 2023 and therefore, he preferred Special Civil Application No. 1556 of 2023 wherein vide interim order dated 08.02.2023 by imposing the certain conditions, the Coordinate Bench of this Court permitted the similarly situated co- accused person to travel Abroad. He submitted that one of the condition was to deposit Rs. 25,00,000/- by way of demand draft in the name of Registrar, High Court of Gujarat and therefore, the present petitioner is ready to deposit the aforesaid amount by way of demand draft today itself.

[2] Learned advocate Mr. Keyur Gandhi states that as the petitioner was never summoned by CBI after December, 2023, despite the petitioner having written letters to CBI showing his willingness to appear before the CBI and even today also during the course of submission, learned advocate Mr. Gandhi, upon instructions, submitted that the petitioner is ready and willing to appear before CBI at New Delhi tomorrow itself also. However, learned counsel appearing for the CBI received an instruction that on account of public holiday tomorrow, the appearance of the present petitioner before CBI will not be possible on tomorrow. Considering the fact that in similar circumstances, when the co- accused sought permission for traveling abroad for the purpose of marriage, the Coordinate Bench by imposing the certain conditions permitted the co-accused Mr. Kamal Ramesh Sheth to travel abroad vide interim order dated 08.02.2023 in Special Civil Application No. 1556 of 2023.

[3] Learned advocate Mr. Kodekar or learned advocate Mr. Parikh appearing for the respondent could not dispute the fact that the present applicant is a similarly situated person and the case against him also similar to the case of Kamal Ramesh Sheth as both of them are independent Directors of the Company against which the FIR is registered by the CBI.

[4] In view of above, considering the fact that the petitioner has produced on record the details about his traveling which would indicate that the petitioner wants to travel abroad for business and personal purpose between 01.10.2025 to 25.10.2025. The petitioner is permitted to travel abroad for business purpose on fulfillment of the following conditions:-

(I) Deposit Rs. 25 lakhs by way of a Demand Draft in the name of Registrar, High Court of Gujarat during the course of the day i.e. 30.09.2025 today itself. Registry to accept the same.

(II) Petitioner shall file an undertaking indicating his flight details and the date of arrival in India and also shall undertake to report before C.B.I. at New Delhi before

04.11.2025 and the undertaking also will states that the petitioner will strictly adhere to the traveling plan and in any case shall return back to India before 25.10.2025;

(III) He shall not open or close any bank account overseas and shall not enter into any king of property transactions abroad;

(IV) He shall give itinerary of his visits and places of residence of foreign countries before proceeding to travel to the respective countries;

(V) If the undertaking and the aforesaid terms is not complied w