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Bombay High Court
Ariez Rustom Tata vs Union Of India Thorugh The Ministry Of ... on 20 May, 2026
2026:BHC-OS:12478-DB
Digitally
signed by 12- IA St 17656 of 2026.doc
RUPALI
RUPALI RAJESH
RAJESH WAKODIKAR
WAKODIKAR Date:
2026.05.22
18:20:20
+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (LODGING) NO. 17656 OF 2026
IN
WRIT PETITION NO. 2053 OF 2026
Ariez Rustom Tata,
R/o Juhu, Mumbai ...Applicant
V/s
1. Union of India
Through Ministry of Law & Justice
2. The Bureau of Immigration
3. State Bank of India,
Nariman Point, Mumbai ...Respondents
Mr. Dharam Jumani with Mr. Munaf Virjee, Ms. Shruti Salian and Mr.
Pranav Shetty, Advocates, i/by AMR Law, for the Applicant-Original
Petitioner.
Mr. D.P. Singh, Advocate for Respondent Nos.1 and 2.
Ms. Asma Batatawala, i/by Ms. Rathina Maravarman, Advocates for
Respondent No.3-SBI.
------
CORAM : GAUTAM A. ANKHAD &
SANDESH D. PATIL, JJ.
DATE : 20th MAY, 2026
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PC :
1. This is an application filed by the Applicant seeking permission
to travel to Greece and Italy from 25/05/2026 to 11/06/2026. The Look Out
Circular has been issued against the Applicant at the instance of the
Respondent No.3 State Bank of India (SBI).
2. Heard Mr. Dharam Jumani, learned Counsel for the Applicant,
Mr. D.P. Singh, learned counsel for the Respondent No.1and 2 and Ms.
Asma Batatawala, learned counsel for the Respondent No.3.
3. Learned counsel for the Applicant submitted that the Applicant
is working as an Independent Consultant for jewellery manufacturing
companies assisting them in scaling their production and product
development capabilities. The Applicant is required to travel for business
purposes to Greece and Italy from 25th May 2026 to 11th May 2026 to
conduct a detailed market survey of the local retail jewellery businesses, to
deepen the understanding of these markets. The Applicant had filed the
Writ Petition No. 2053 of 2022 before this Court for quashing and setting
aside the Look Out Circular operating against him, initiated at the instance
of the Respondent No.3 - State Bank of India. The said Writ Petition was
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allowed with a batch of Petitions by a Division Bench of this Court vide
Order dated 23/04/2024. The Respondent No.1 herein had challenged the
said order in a group of Special Leave Petitions before the Hon'ble
Supreme Court, in Special Leave to Appeal (C) Nos. 17194 to 17230 of
2024, and the said Special Leave Petitions are pending till date. The
Supreme Court, vide Order dated 12/08/2024, had observed that pending
consideration of these Special Leave Petitions on the interim stay, the
original Petitioners before the High Court, shall seek permission from the
High Court in the event they wish to travel abroad. If such an application is
filed before the High Court, in the disposed of Writ Petitions, the same
shall be considered and disposed of expeditiously
4. Pursuant to the said liberty, the Applicant has preferred the
present application.
5. The learned counsel for the Applicant has invited our attention
to the previous orders passed by different Division Benches of this Court in
the Interim Applications preferred by the Applicant to travel abroad,
thereby permitting the Applicant to travel abroad subject to terms and
conditions. The said Orders are dated 28/04/2022 (Exhibit - B),
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07/09/2022 (Exhibit - C), 10/11/2022 (Exhibit - D), 21/03/2023 (Exhibit-
E), 20/11/2023 (Exhibit - F) and 25/08/2025 (Exhibit - H).
6. The learned counsel for the Applicant submitted that on all
prior occasions, the Applicant has travelled abroad and has returned to
India, by complying with all the conditions imposed on him. He submitted
that the Applicant resides in Mumbai along with his 86 year old mother,
wife and younger daughter. The elder daughter of the Applicant is currently
employed in Bengaluru. He submitted that on this occasion as well the
Applicant be permitted to travel abroad on certain conditions as were
imposed on him on previous occasions.
7. Learned Counsel for Respondents vehemently oppose the
Application. They, however, submit that, in the event this court is inclined
to allow the Interim Application filed by the Applicant, then stringent
conditions may be imposed on the Applicant.
8. The present Applicant was permitted to travel on 6 occasions,
and on each of these occasions, he has returned back without violating any
condition. Therefore, considering his undertaking and the past conduct, we
are inclined to allow this application on similar conditions.
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9. Hence, the following order :
ORDER
The Applicant is permitted to travel to Greece and Italy from 25/05/2026 to 11/06/2026 subject to the following conditions :
(i) The Applicant shall file an undertaking in this Court that he shall strictly adhere to and abide by the itinerary more particularly set out at Exhibit - K of the present Interim Application.
(ii) Within three weeks from 11/06/2026 of his return, the Applicant shall file a separate affidavit explaining the business meetings which he held during the said travel and with whom those meetings were held, alongwith contact details of the persons he met and the details of the business he was able to generate, if any.
(iii) He shall also submit the documents and proof regarding the incentives which he received during his travel. In his affidavit, the Applicant shall also state the expenses incurred by him during the above travel and the source/s of income used for funding the said expenses, if necessary, with proof. This affidavit shall also be served on the learned counsel for the Respondent No.3 - State Bank of India, within a period of three weeks from 11/06/2026.
(iv) Subject to the above conditions, the Look Out Circular issued at the instance of the Respondent No.3 - State Bank of India against the Applicant is suspended between 25/05/2026 Wakodikar 5/6 ::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:16:07 ::: 12- IA St 17656 of 2026.doc to 11/06/2026.
(v) It is clarified that this order does not apply to any other Look Out Circular/s and/or restraint order/s, if issued by any other Authority/Court/Agency/Bank.
(vi) The Immigration Authorities at all Ports of Departure including all Airports shall permit the Applicant a passage and allow him to take flights out of the country, irrespective of whether the Respondent No.3 - State Bank of India has notified them or not, and irrespective of whether this suspension is noted in the Immigration Authorities' systems or otherwise.
(vii) The Immigration Authorities shall not insist upon a certified copy of this order but will act upon the presentation of an authenticated or digitally signed copy of this order.
10. Interim Application (L) No. 17656 of 2026 is disposed of accordingly.
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