Kanoria is allowed to travel to Boston for the treatment of epilepsy from September 6 to 18.
However, the court has imposed strict conditions, including the deposit of a bank guarantee of Rs 100 crore with the court and two sureties of Rs 100 crore each from individuals residing in India.
The court said that this decision does not make any observations on the merits of the case, as it could potentially prejudice both parties.
“…while considering the present application for permitting the petitioner (Kanoria) to go abroad, this court does not want to make any observations on the merits of the case as it can prejudice both the parties. The petitioner has not been named in the FIR or in ECIR nor has any complaint registered against him,” Justice Prasad said.
The court also noted that he has cooperated with the Enforcement Directorate (ED)’s investigation, having appeared before them on eight different occasions.
Opposing Kanoria’s application, the ED argued that the medical condition for which he sought treatment in the US is readily available in India. They also expressed concerns that permitting his travel could hinder the ongoing investigation and that he might tamper with proceeds of crime or not return to India, as his wife is already in the US.
Kanoria’s counsel argued that he has been receiving treatment for epilepsy in Boston since 2010 and and that he has been advised to get an electroencephalogram (EEG) test done there.
As part of the conditions set by the court, Kanoria must provide a bank guarantee, stay in Boston throughout his period abroad, use a specific phone number, and not travel to any country other than the US. He is also required to provide his itinerary and return to India by September 19, reporting to the court within 24 hours of his return.
The case revolves around allegations of cheating, forgery, and other offenses against the Kanoria family, who were involved in SREI Infrastructure Finance Ltd (SIFL) and SREI Equipment Finance Ltd (SEFL), non-banking finance companies registered in Kolkata.
These companies faced insolvency proceedings due to alleged defaults on repayment of dues to creditors, with claims exceeding Rs 32,000 crore, including over Rs 10,000 crore in fraudulent transactions.
–Ajit Weekly News
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