Nooruddin Khan vs Union Of India
2023 Latest Caselaw 3856 Bom

2023:BHC-OS:3066-DB                                            907-IAL-10766-2023 IN WPL-10670-2023.DOC




                        Arun



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION
                                 INTERIM APPLICATION (L) NO. 10766 OF 2023
                                                               IN
                                       WRIT PETITION (L)NO. 10670 OF 2023


                        Nooruddin Khan                                                      ...Applicant
                             In the matter between
                        Nooruddin Khan                                                       ...Petitioner
                             Versus
                        Union of India & Ors                                            ...Respondents


                        Mr Shadab Jan, with Prangana Barua & Shivam Bhagwati, i/b
                             Crawford Bayley & Co, for the Applicant/Petitioner.
                        Mr YR Mishra, with Vinit Jain, for Respondents Nos.1 & 2-UoI.
                        Ms Akansha Hambir, with Rathina Maravarman, for Respondent
                             No.3-Bank of Baroda.


                                                      CORAM      G.S. Patel &
                                                                 Neela Gokhale, JJ.

ARUN RAMCHNDRA DATED: 18th April 2023 SANKPAL PC:-

Digitally signed by ARUN RAMCHNDRA SANKPAL Date: 2023.04.19 11:53:50 +0530

1. The Petitioner seeks leave to travel overseas to the Middle East, specifically Saudi Arabia and Dubai with an intervening travel to Manchester (UK) between 24th April 2023 and 23rd May 2023. An itinerary is set out at Exhibit "A" at page 18 of the Interim Application.

18th April 2023

907-IAL-10766-2023 IN WPL-10670-2023.DOC

2. The leave is sought because there are Look Out Circulars ("LOCs") issued against the Petitioner by one or more of the Respondents banks.

3. The Petition itself has a challenge to the amended Office Memoranda under which the public sector banks can request the issuance of such LOCs. A substantive challenge has being heard by a Bench, of which one of us (GS Patel J) was a member and judgment is reserved.

4. Other directors of the same company have apparently received such permissions subject to certain conditions. One such order is at Exhibit "E" at page 36. There is another order at page 38.

5. Given the fact that the leave sought is for a limited period of time, we will grant the permission subject to the usual conditions which are set out below.

(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.

18th April 2023

907-IAL-10766-2023 IN WPL-10670-2023.DOC

6. Subject to these conditions, the LOCs in question against the Petitioner are stayed until 24th May 2023.

7. 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 consortium of banks have notified them or not and irrespective of whether this suspension is noted in the immigration authorities' systems or not.

8. The Petitioner is entitled to travel via any transit hub or destination as well.

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.

10. The Interim Application is disposed of in these terms. No costs.

(Neela Gokhale, J) (G. S. Patel, J)

18th April 2023