Bombay High Court
Marufa Mazhar Faruqi vs Tata Institute Of Social Sciences ... on 24 November, 2022
Bench: G.S. Patel, Sharmila U. Deshmukh
904-OSIWPL-35154-22.DOC
PatilSR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.35154 OF 2022
IN
WRIT PETITION (L) NO. 35148 OF 2022
Jiteshbhai Bhagwanbhai Kajavadra ...Applicant
In the matter between
Jiteshbhai Bhagwanbhai Kajavadra ...Petitioner
Versus
Bureau of Immigration & Ors ...Respondents
Mr Yash Jain, with P. Ranjan, Santosh Salekar i/b Halai & Co. for the
Applicant.
Ms Smita Thakur, for Respondent Nos.1 and 3.
CORAM G.S. Patel &
Sharmila U. Deshmukh, JJ.
DATED: 24th November 2022
PC:-
1. In the present interim application, the Petitioner seeks an
order of this Court permitting him to travel overseas despite
issuance of Look Out Circular or LOC issued at the instance of
Bank of Baroda.
2. In the Petition, the Petitioner has challenged the Look Out
Circular. There is presently no challenge to the office memoranda
Digitally signed
by SACHIN
RAMCHANDRA
SACHIN PATIL
RAMCHANDRA
PATIL Date:
14:33:56
+0530
24th November 2022
904-OSIWPL-35154-22.DOC
issued by the Immigration Bureau under which the LOCs are issued.
The question of validity of the office memoranda was raised in large
group of writ petitions, which were finally heard by the Division
Bench of this Court of which one of us (GS Patel, J) was a member.
The judgment is reserved and will be pronounced shortly. In several
interim applications in those Writ Petitions, we permitted the
Applicants/Petitioners to travel overseas subject to certain limited
conditions.
3. In the present case, the claim of Bank of Baroda against the
Petitioner is on the basis that he, at the relevant time, was a partner
in a commercial firm called "Bhaidyadra Gems". There were other
partners. The firm had borrowings from the Bank of Baroda. This is
the basis of the claim of Bank of Baroda. There are proceedings
pending in the Debt Recovery Tribunals and possibly other forums.
In those proceedings, no summons has been issued to the Petitioner.
No warrant has been issued against the Petitioner. It is not as if he is
evading a warrant or even a summons. Further, the Petitioner has
travelled overseas several times before. The original application was
for leave to travel overseas to attend a jewellery or diamond
exhibition. The original interim application was filed for the period
from 22nd to 28th November 2022. That period having almost
passed, there is a revised scheduled from 25th to 30th November
2022 for travel from Mumbai to Hangkong with a lay-over in
Bangkok. There is further additional affidavit dated 24th November
2022, which we have seen. It is to be filed in the Registry.
24th November 2022
904-OSIWPL-35154-22.DOC
4. In a recent order, yesterday we noted the submissions made
before us by Dr Chandrachud appearing for the Petitioner to the
effect that a fundamental right to travel invoked by the Petitioner
ought not be curtailed merely because of the stated purposes. If
there is a curtailment, it has to be in the manner prescribed by law
and permitted by the Constitution. These are the arguments
adopted in the matter today.
5. Prima facie, we see no reason to deny the Petitioner the
limited prayer sought. Accordingly, the Petitioner is permitted to
travel overseas as indicated above from 25th November 2022 until
30th November 2022, subject to the following conditions :
(a) the Petitioner is to file an undertaking to return to
this country at the end of this period, if not already done;
(b) the Petitioner is to file a detailed itinerary with his
contact details and addresses overseas, if not already
done;
(c) The Petitioner must file an undertaking (if not
already done) not to apply for renewal or extension of this
order until he returns to this country.
6. Subject to these conditions, the LOCs in question against the
Petitioner are stayed until 1st December 2022.
7. The immigration authorities at all ports of departure
including all airports will permit the Petitioner passage and permit
the Petitioner to take his flight out of the country irrespective of
whether the Bank of Baroda has notified them or not and
24th November 2022
904-OSIWPL-35154-22.DOC
irrespective of whether this suspension is noted in the immigration
authorities' systems or not.
8. The immigration authorities will not ask for a certified copy of
this order but will act on presentation of an authenticated or digitally
signed copy of this order.
(Sharmila U. Deshmukh, J) (G. S. Patel, J)
24th November 2022
