Case Details: Zankarsinh Kishorsinh Solanki vs. Kanhaiyalal Salawat - [2025] 181 taxmann.com 101 (NCLT-Ahd.)
Judiciary and Counsel Details
- Shammi Khan, Judicial Member & Sanjeev Sharma, Technical Member
- Ms Natasha Shah, Adv. for the Applicant.
- Ms Nalini Lodha & Sunil Kumar, Advs. for the Respondent.
Facts of the Case
In the instant case, the applicant was a personal guarantor of the corporate debtor. Bankruptcy proceedings were initiated against the applicant. The applicant filed the present application seeking permission to travel to the USA for maintaining his Green Card status, as required under US immigration rules.
The applicant undertook to cooperate with the proceedings through virtual means, appoint a local representative, namely his father, and comply with all conditions imposed by the Tribunal. It was noted that the applicant’s family, comprising his spouse and minor children, resides in Boston, USA. The applicant was the primary Green Card holder for his children, who were minors, and failure to comply with the immigration requirements would jeopardise the education, future prospects and careers of the two minor children.
It was further noted that the applicant did not have any foreign assets, except for a disclosed investment which had no realisable value.
NCLT Held
The NCLT observed that, considering the dependency of the minor children’s immigration status on the applicant, as well as their education and future career prospects, a lenient view was warranted. Accordingly, permission was granted to the applicant to travel to the USA, subject to certain conditions to safeguard the interests of creditors.
List of Cases Referred to
- Venturi Ramkoteshwar v. D. Surya Ramakrishna Saibaba [MANU/NC/4268/2024] (para 9.10)
- M.S. Raghavan v. Inspector of Police 2022 SCC OnLine Mad 765 (para 9.11)
- Alchemist Asset Reconstructions Company Ltd. v. Nita Puri 2025 SCC OnLine NCLT 2010 (para 9.11).
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