Amit Kumar Agarwal vs Union Bank Of India
2023 Latest Caselaw 3858 Bom

2023:BHC-OS:3064-DB                                        905-IAL-10159-2023 IN OSWPL-19102-2022.DOC




                        Arun



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION
                                 INTERIM APPLICATION (L) NO. 10159 OF 2023
                                                               IN
                                       WRIT PETITION (L)NO. 19102 OF 2022


                        Amit Kumar Agarwal                                                  ...Applicant
                             In the matter between
                        Amit Kumar Agarwal                                                   ...Petitioner
                             Versus
                        Union Bank of India & Ors                                       ...Respondents


                        Mrs Savita Nangare, i/b Pooja Kharat, for the Petitioner/Applicant.
                        Mr Jamshed Ansari, for Respondent No.1.



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

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


    Digitally signed
    by ARUN
    RAMCHNDRA

1. The Petitioner seeks leave to travel overseas despite the SANKPAL Date: 2023.04.19 11:53:50 +0530 issuance of Look Out Circulars ("LOCs") by the 1st Respondent, the Union Bank of India ("UBI") through the Bureau of Immigration.

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905-IAL-10159-2023 IN OSWPL-19102-2022.DOC

2. The Petition challenges not only the LOCs but the Office Memoranda ("OM") issued by the Bureau of Immigration under which these are issued after the OM were amended.

3. We have heard a substantive challenge at length and judgment is reserved.

4. In the meantime we have allowed several applications permitting limited-period overseas travel subject to certain conditions. The present application is somewhat over ambitious. It seeks virtually an open ended leave from 1st May 2023 to end November 2023. That will not be possible. The first leg of travel is to the UAE/Dubai from 1st May 2023 to 7th June 2023 for business purposes as stated at Exhibit "C" at pages 24 and 25.

5. The Petitioner has received permissions before and has adhered to the conditions.

6. Accordingly we allow the application to travel to UAE/Dubai between 1st May 2023 to 7th June 2023. This order will also be subject to the usual 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;

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905-IAL-10159-2023 IN OSWPL-19102-2022.DOC

(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 LOCs in question against the Petitioner are stayed until 8th June 2023.

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 UBI 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.

10. The Interim Application is kept pending in respect of subsequent travels.

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

18th April 2023