Anurag S/O Padmesh Gupta vs Bureau Of Immigration, Ministry ...
2022 Latest Caselaw 11076 Bom

47-WP-2827-22.odt                                                      1



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                          NAGPUR BENCH : NAGPUR.

                        CIVIL APPLICATION (W) NO. 2345 OF 2022 IN
                             WRIT PETITION NO. 2827 OF 2022
                                  Anurag Padmesh Gupta
                                            vs.
      Bureau of Immigration, Ministry of Home Affairs, Government of India, through its
                   Commissioner (Immigration), New Delhi and others.
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Office Notes, Office Memoranda of                                                 Court's or Judge's Order
Coram, appearances, Court's Orders
 or directions and Registrar's order
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              Shri D.V. Chauhan, Advocate for petitioner.
              Shri N. S. Deshpande, Deputy Solicitor General of India for respondent no.1.
              Shri S.N.Kumar, Advocate for respondent no.2.
              Shri A.T.Purohit, Advocate for respondent nos. 3 and 4.

              CORAM :-              A.S.CHANDURKAR AND M. W. CHANDWANI, JJ.

DATE :- OCTOBER 19, 2022

By this application, the applicant-petitioner seeks a direction that the respondent no.2-State Bank of India may intimate the respondent no.1-Immigration Authority at Mumbai that in view of the interim order dated 07.06.2022 passed in this writ petition, the applicant would be entitled to travel to France from 27.10.2022 to 05.11.2022.

The learned counsel for the respondent no.2 submits that the loan account of the petitioner alongwith other account holders has been transferred at State Bank of India, Stressed Assets Resolution Group, Commercial (III), Nariman Point, Mumbai and hence the applicant ought to substitute the said Branch of the State Bank of India in place of the respondent no.2 in the writ petition.

We find the said request to be reasonable. The petitioner is accordingly directed to substitute the said Branch of State Bank of India in place of the respondent no.2. Corrections to be carried out forthwith.

It is seen that as per the earlier order dated 07.06.2022 the effect, operation and implementation of the Look Out Circular in view of the letter issued by the State Bank of India on 19.09.2020, has been stayed until further orders. Accordingly subject to furnishing of an undertaking as stated in paragraph 25 of the judgment in Writ Petition No.2826 of 2022 ( Anurag Padmesh Gupta Vs. Bank of India and anr) and compliance with the directions issued therein, the applicant is permitted to travel to France from 27.10.2022 to 05.11.2022.

The learned counsel for the respondent no.2 shall instruct the respondent no.2 to communicate this order to the concerned Immigration Authority at Nagpur. Similar steps shall be taken by the Deputy Solicitor General of India.

The civil application is disposed of.

(M. W. CHANDWANI, J.) (A.S.CHANDURKAR, J.)

Andurkar..

Digitally Signed byJAYANT S ANDURKAR Personal Assistant Signing Date:

19.10.2022 18:42