Bhavik Shashikant Thakkar vs Union Of India Through The ...
2022 Latest Caselaw 12176 Bom

                                                                       13-OSWPL-34652-2022+.DOC




                      Shephali



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION
                                     WRIT PETITION (L) NO. 34652 OF 2022
                                                      WITH
                                 INTERIM APPLICATION (L) NO. 35709 OF 2022
                                                         IN
                                     WRIT PETITION (L) NO. 34652 OF 2022


                      Bhavik Shashikant Thakkar                                   ...Petitioner
                             Versus
                      Union of India through the Ministry of Home              ...Respondents
                      Affairs & Ors


                      Mr Chetan Alai, with Roma Somani, for the Petitioner.
                      Mr AR Bamne, i/b AR Bamne & Co, for Respondent No.3.


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

HULGOJI GAJAKOSH DATED: 25th November 2022 Digitally signed by ASHWINI HULGOJI GAJAKOSH PC:-

Date: 2022.11.25 14:47:49 +0530

1. Leave to amend since we believe the Petition requires extensive corrections including, not least, a narrative that the Petitioner's proprietorship concern, SB International also had borrowings from the Bank of Baroda. Amendment to be carried out within one week without need of reverification.

25th November 2022 13-OSWPL-34652-2022+.DOC

2. This amendment is crucial. If it is not carried out within the time prescribed this Petition will stand dismissed and all orders including this order will stand vacated.

3. The Petition assails a Look Out Circular or LOC issued at the instance of the Bank of Baroda, a lender to a company called Green Globe Metal Private Limited. This much is stated in the Petition. The documents annexed to the Petition including Exhibit "I" page 58 indicate that there were borrowings also by SB International, the Petitioner's proprietorship concern.

4. The Petitioner states that a LOC was issued by the Bureau of Immigration at the instance of the Bank of Baroda under certain applicable office memoranda and applied against him on 31st October 2022. Part of the confusion in this Petition and possibly in others is because people who are confronted with the LOCs are never given copies of these LOC. Even the office memoranda under which they are issued are difficult to find.

5. A very large group of Writ Petitions challenging the validity of LOC as also the parent office memoranda was heard by a Division Bench of which one of us (GS Patel J) was a member. Judgment is reserved and will be pronounced shortly. In those matters we have granted interim leave similar to the one that is now sought, to individuals to travel abroad subject to certain restrictions. The invocation in all these Petitions has been of a Constitutionally guaranteed right and the submission, which has prima facie found favour, is that this right cannot be curtailed except by a procedure

25th November 2022 13-OSWPL-34652-2022+.DOC

known to law and that cannot be done by an office memoranda or an internal communication. That is, so far, only a prima facie a view. Yet, to balance equities we have granted limited permissions specifying a return date and an imposing other conditions. We have always noted, as we do in the present case that there is no summons or warrant issued to the Petitioner and which he is attempting to evade. We note further that the Petitioner has travelled overseas before and has always returned to this country where he has a family, roots, business interest and assets.

6. In view of this we permit the Petitioner to travel overseas to Srilanka and Maldives from Mumbai between 26th November 2022 and 4th December 2022 subject to the following conditions, viz.:-

(i) the Petitioner is to file an undertaking to return to this country at the end of this period, if not already done;

(ii) the Petitioner is to file a detailed itinerary with his contact details and addresses overseas, if not already done;

(iii) 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.

7. Subject to these conditions, the LOC or LOCs in question against the Petitioner are stayed until 5th December 2022.

25th November 2022 13-OSWPL-34652-2022+.DOC

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

9. 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