The Delhi High Court refuses to allow Jet Airways founder Naresh Goyal to go abroad
New delhi: yes Naresh Goyal The founder of the shortage of funds, Jet Airways, wants to go abroad, you must first deposit as guarantee Rs 18,000 million rupees that your company owes to the lenders, the Delhi High Court observed on Tuesday while refusing to allow him to leave India.
The superior court, however, requested the response of the Center in its declaration of impugnation of a circular of vigilance (LOC) issued against him.
Provisional relief can not be granted to Goyal at this stage, said Judge Suresh Kait. If you are ready to deposit a bank guarantee of 18,000 million rupees, you can go abroad, he observed.
The Center informed the court that it was a serious fraud involving Rs.18,000 rupees and that the SFIO was investigating.
The court heard Goyal's request to challenge the LOC against him on the ground that on May 25, when he was taken on a flight to Dubai, no ECIR/FIR was registered against him.
Goyal said he got to know the LOC on May 25 when he and his wife Anita downloaded a flight to Dubai with a connection to London.
The superior court asked the ministries of internal affairs, corporate affairs, laws and justice to present their answers within four weeks. He presented the matter for a new hearing on August 23.
Senior Advocate Maninder Singh, who introduced himself to Goyal, argued that on May 25, when the couple was fired, there was no material to show any attempt to evade the investigation and that they were NRI and were required to go abroad for a period of time. determined.
Singh said that up to the time that Goyal filed the petition with the superior court, there was no case against him, but on July 6, when the matter for the hearing arose, he received a subpoena from the Serious Fraud Investigation Office ( SFIO) to appear before him 10 and join the investigation.
He added that Goyal wanted to go to Dubai and London in order to organize funds for the Jet group that was facing a financial crisis.
A restriction on Goyal's ability to travel abroad could cause him to lose his NRI status. In addition, due to its NRI status, Goyal holds a residence visa in the United Kingdom and a residence permit in the UAE, which must be renewed on July 10, 2019 and July 23, 2019, respectively, and therefore , you need to travel urgently to the United Kingdom and the UAE before the respective dates to keep your NRI status and visa/permit, said the reason.
The petition was opposed by Deputy Attorney General (ASG) Maninder Acharya and central government lawyer Ajay Digpaul, saying that it is a serious fraud of 18,000 million rupees and that the investigation was under way by the SFIO.
The ASG said that Goyal should join the investigation and looked for time to present a response to his request.
During the hearing, Goyal's lawyer said that the office's memoranda could not be the basis for keeping a person from traveling abroad.
The issuance of LOC that restricts the fundamental right to go abroad can only be done with laws made by the legislature ... Executive action can not be the basis, argued Singh.
He said that Goyal has seen some possibility of organizing funds for the company, so he is required to travel abroad. He said there was no case against him until the time he filed this petition in court. On July 6, the authorities issued an order under the Companies Law stipulating an investigation against them.
If there was something serious on May 25, I can not wait until six weeks after I go to court, argued the lawyer.
The court said that you should have some good friends abroad from whom you can transfer the money through RTGS.
When the main defender said that his right to go abroad was affected, the court responded: the right to go abroad is also limited. It's not that I commit a crime and go abroad.
According to Goyal's statement, the LOC was issued against him at the request of SFIO, which reports to the ministry of corporate affairs.
He has sought the annulment of the LOC, as well as several office memoranda that establish the guidelines for issuing the travel ban.
According to the ministry of corporate affairs, the LOC was issued after an inspection of the ministry discovered large-scale irregularities in Jet Airways, which closed operations in April due to a serious cash crisis.
Naresh and Anita Goyal had resigned from the Jet Airways board of directors, which the first one founded 26 years ago, in March, after a debt restructuring plan.
He had also resigned as president of the airline. Jet Airways is in the process of insolvency.
The ministry has ordered an investigation of SFIO in the matters of Jet Airways.