Anil Dhanpat Agarwal vs Union Of India (Through The ...
2022 Latest Caselaw 12164 Bom

                                                          19-OSIAL-36519-2022 IN WPL-7310-2022.DOC




                      Shephali



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION
                                 INTERIM APPLICATION (L) NO. 36519 OF 2022
                                                            IN
                                      WRIT PETITION (L) NO. 7310 OF 2022


                      Anil Dhanpat Agarwal                                           ...Applicant
                             In the matter between
                      Anil Dhanpat Agarwal                                           ...Petitioner
                             Versus
                      Union of India (through the Ministry of Home                ...Respondents
                      Affairs) & Ors


                      Mr Dharam Jumani, with Gauri Joshi & Mihir Nerurkar, i/b Ganesh
                           & Co, for the Applicant/Petitioner.
                      Mr YS Bhate, with DP Singh, for Respondent No. 1-Union of India.
SHEPHALI              Mrs Uma Palsuledesai, AGP, for the Respondent-State.
SANJAY                Mr Alizain Patel, i/b Jamshed Ansari, for Respondent No. 3.
MORMARE
Digitally signed by
SHEPHALI SANJAY
MORMARE
Date: 2022.11.28
17:11:46 +0530

                                                CORAM         G.S. Patel &
                                                              Sharmila U. Deshmukh, JJ.

                                                DATED:        25th November 2022
                      PC:-

1. The Petition is part of a group of the Petitions that was finally heard by a Division Bench of which one of us (GS Patel J) is a member and where judgment is reserved. Those petitions challenged not only Look Out Circulars issued at the instance of

25th November 2022 19-OSIAL-36519-2022 IN WPL-7310-2022.DOC

various banks, but also Office Memoranda on the basis of which these LOCs were issued.

2. The present Petitioner himself received orders, five in all, permitting him to travel overseas. He did so and returned in time, each time. The present application is for leave to travel to Singapore from 29th November 2022 to 3rd January 2023 and then again from 15th January 2023 to 14th February 2023. A copy of the itinerary is annexed at Exhibit "E".

3. In view of this record, we permit the Petitioner to travel according to his itinerary subject to the usual conditions, viz.:-

(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.

4. Subject to these conditions, the LOCs in question against the Petitioner are stayed until 15th February 2023.

5. The immigration authorities at all ports of departure including all airports will permit the Petitioner passage and permit the Petitioner to take his flights out of the country irrespective of

25th November 2022 19-OSIAL-36519-2022 IN WPL-7310-2022.DOC

whether the Union Bank of India have notified them or not and irrespective of whether this suspension is noted in the immigration authorities' systems or not.

6. 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)

25th November 2022