Bombay High Court
Rajendra Kaimal vs Bank Of Baroda And 2 Ors on 6 April, 2023
Bench: G.S. Patel, Dr. Neela Gokhale
2023:BHC-OS:2550-DB 909-910-911-OSIAL-8875-2023 IN OSWP-63-2022+.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 8875 OF 2023
IN
WRIT PETITION NO. 63 OF 2022
Ajit Kamath ...Applicant
In the matter between
Ajit Kamath ...Petitioner
Versus
Bank of Baroda ...Respondent
WITH
INTERIM APPLICATION (L) NO. 8887 OF 2023
IN
WRIT PETITION NO. 46 OF 2022
Rajendra Kaimal ...Applicant
In the matter between
Rajendra Kaimal ...Petitioner
Versus
Bank of Baroda & Ors ...Respondents
ARUN
RAMCHNDRA
WITH
SANKPAL
Digitally signed
by ARUN
INTERIM APPLICATION (L) NO. 8898 OF 2023
RAMCHNDRA
SANKPAL
Date: 2023.04.10
10:38:53 +0530 IN
WRIT PETITION NO. 3952 OF 2021
Deepak Shenoy ...Applicant
In the matter between
Deepak Shenoy ...Petitioner
Page 1 of 4
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909-910-911-OSIAL-8875-2023 IN OSWP-63-2022+.DOC
Versus
State Bank of India & Ors ...Respondents
Mr Tushad Cooper, Senior Advocate, with Bhalchandra Palav, i/b
Bhal & Co, for the Applicant/Petitioner in all Applications.
Ms Vinodini, i/b Law Focus, for Respondent No.1 in IAL/8875/2023
& IAL/8887/2023.
Ms Akansha Hambir, i/b Mrs Rathina Maravarman, for Respondent
No.1 in IAL/8898/2023.
CORAM G.S. Patel &
Neela Gokhale, JJ.
DATED: 6th April 2023
PC:-
1. All three Applicants have extensive travel plans from 12th
April 2023 to 7th June 2023 to various places including Dubai, San
Francisco, London, and Hong Kong on various dates. There is no
itinerary annexed to the Interim Applications. Mr Cooper has
handed up two sheets. One is for Mr Ajit Kamath and Mr Rajendra
Kaimal representing Arch Pharmalabs Limited and the other is for
Mr Deepak Shenoy of Medec Dragon Private Limited. Mr Shenoy's
travel roughly follows the same schedule as that of Mr Ajit Kamath
and Mr Rajendra Kaimal. The two sheets are taken on record and
marked 'X' for identification. Copies are given to the opponents.
2. More than one bank has a Look Out Circular ("LOC") in
place. On behalf of the Bank of Baroda ("BOB"), there is a rather
endearing complaint that the Petitioners seem to have settled with
other banks but not the BOB. Why the BOB has fallen into disfavour
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909-910-911-OSIAL-8875-2023 IN OSWP-63-2022+.DOC
with the Petitioners or is no longer the object of their affection is not
a matter that we can discuss at this stage. It is of course open to the
Bank to negotiate with the Petitioners or their companies.
3. But, having regard to the fact that there is a challenge to not
only the LOCs but the parent Office Memoranda and we have
previously granted permission, we will grant a limited permission
from 12th April 2023 to 7th June 2023, staying in the meantime the
operation of all LOCs irrespective of the issuing banks. We may note
that we have heard the substantive challenge in a group of matters
and reserved judgment.
4. We have taken 7th June 2023 as the date because by that time
Court will have reopened. The actual application is for a much
longer duration until the end of July 2023 and we are declining to
grant such an extended application at this stage.
5. While we accept the itineraries, we permit the Petitioners to
change the itinerary including dates of travel and places of travel but
within the starting date and the ending date. The Petitioners are also
entitled to travel via any transit destination or hub as may be
required.
6. The application for travel is subject to the usual conditions,
viz.:-
(a) the Petitioners are to file an undertaking to return to
this country at the end of this period, if not already
done;
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909-910-911-OSIAL-8875-2023 IN OSWP-63-2022+.DOC
(b) the Petitioners are to file this detailed itinerary with all
contact details and addresses overseas before the
Petitioners travel;
(c) The Petitioners must file an undertaking (if not already
done) not to apply for renewal or extension of this
order until they return to this country.
7. Subject to these conditions, all LOCs in question against the
Petitioners are stayed until 8th June 2023.
8. The immigration authorities at all ports of departure
including all airports will permit the Petitioners passage and permit
the Petitioners to take their flights out of the country irrespective of
whether the Bank of Baroda, the State Bank of India or any other
Bank has 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 the presentation of an authenticated or
digitally signed copy of this order.
10. The three Interim Applications are disposed of in these
terms. No costs.
(Neela Gokhale, J) (G. S. Patel, J)
6th April 2023
