Ariez Rustom Tata vs Union Of India Thorugh The Ministry Of ...

Citation : 2026 Latest Caselaw 5303 Bom
Judgement Date : 20 May, 2026

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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
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            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.

            SANDESH D. PATIL, J.                            GAUTAM A. ANKHAD, J.




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