Kamlesh Manohar Kanungo vs Bureau Of Immigration And 8 Ors
2023 Latest Caselaw 3857 Bom

2023:BHC-OS:3065-DB                                        906-IAL-10541-2023 IN OSWPL-33506-2022.DOC




                        Arun



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION
                                 INTERIM APPLICATION (L) NO. 10541 OF 2023
                                                               IN
                                       WRIT PETITION (L)NO. 33506 OF 2022


                        Kamlesh Manohar Kanungo                                             ...Applicant
                             In the matter between
                        Kamlesh Manohar Kanungo                                              ...Petitioner
                             Versus
                        Bureau of Immigration & Ors                                     ...Respondents


                        Ms Shraddha Agrawal, i/b Unadkat & Co, for the Petitioner/
                             Applicant.
                        Mr DP Singh, for Respondents Nos.1 & 9
                        Mr Sagar Chaturvedi, for Respondents Nos. 2 to 8.


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

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


    Digitally signed
    by ARUN
    RAMCHNDRA
    SANKPAL
    Date: 2023.04.19
    11:53:49 +0530

1. The Petitioner seeks leave to travel overseas to Kuala Lumpur and Bali from 22nd April 2023 to 28th April 2023 as per the itinerary set out at Exhibit "C" to the Interim Application. The Petitioner seeks that for the duration of that visit the Look Out Circulars ("LOCs") issued against the Petitioner by one or more of the contesting Respondents banks be stayed.

18th April 2023

906-IAL-10541-2023 IN OSWPL-33506-2022.DOC

2. The Petition challenges the LOCs and the Office Memoranda under which these are issued. A substantive challenge has been heard by a Bench, of which one of us (GS Patel J) was a member and judgment is reserved. The Petitioner received previous permissions and has adhered to the conditions imposed.

3. Accordingly we grant permission to the Petitioner to travel abroad subject to the following 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 29th April 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 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.

18th April 2023

906-IAL-10541-2023 IN OSWPL-33506-2022.DOC

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.

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

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

18th April 2023