Delhi HC allows ex-MD of Binani Cement to travel to Oman

New Delhi [India], July 25 (ANI): The Delhi High court on Monday granted interim permission to the former managing director of Binani Cement, who is also a British National, to travel to Oman on the condition that he will return in September and will join the investigation by the Serious Fraud Investigation Office (SFIO). SFIO has been investigating the affairs of the company since 2020.
An LOC was issued against him. He was detained at the Airport while he was on the way to Oman. He had come to India to meet his ailing mother.
Justice Yashwant Varma allowed Jotirmoy Pratul Krishna Ghosh to travel to Oman, where he is employed now, in view of the emergent need expressed by the petitioner.
The bench accepted the undertaking given by Ghosh that he shall come back to India on or before 25 September and would join the investigation.
The court said, “The petitioner shall stay in the country and participate in the investigation upto September 30, 2022. The court further directed the petitioner to extend all cooperation to the concerned investigation agency.”
The court has directed the petitioner to file the undertaking to this effect before the Registrar General.
Senior advocate Abhishek Manu Singhvi argued that prior to the petitioner being detained at the airport, SFIO had neither placed the petitioner on the notice of any ongoing investigation nor was he called to appear before the SFIO.
It was also argued by the senior advocate that pursuant to the order passed by the high court on June 3, 2022, the petitioner appeared before the SFIO on June 14-16, 2022.
On the other hand, Additional Solicitor General Chetan Sharma opposed the contention saying the key managerial personnel of Binani Cement have already filed the country. He also submitted that the allegations of defalcation of funds are liable to be viewed bearing in mind the fact that the petitioner was the MD of that corporate entity. He also did not co-operate in the investigation.
The petitioner left the employment of Binani Cement on 23 September 2016. He is thereafter stated to be employed in Oman. He had entered India to meet his ailing mother. While seeking to exit, he was detained at the airport as the LOC was issued against him. (ANI)