Dr Kannan Vishwanath vs Union Of India
2023 Latest Caselaw 3968 Bom

2023:BHC-OS:3182-DB                                        14-OSIAL_11024-2023 IN WP-3775-2021.DOC




                    Ashwini


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               ORDINARY ORIGINAL CIVIL JURISDICTION
                              INTERIM APPLICATION (L) NO. 11024 OF 2023
                                                           IN
                                       WRIT PETITION NO. 3775 OF 2021
                    Dr Kannan Vishwanath                                                 ...Applicant
                         In the matter between
                    Dr Kannan Vishwanath                                                ...Petitioner
                         Versus
                    Union of India & Ors                                             ...Respondent

                    Mr Shadab Jan, with Himanshu Pradhan, i/b M/s Crawford Bayley &
                         Co, for the Applicant/Petitioner.
                    Mr Harsh Sheth, i/b MDP & Partners, for Respondent No. 3-Bank of
                         Baroda.


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

                                                  DATED:     20th April 2023
                    PC:-

1. The Petitioner's Interim Application seeks an order of the Court staying a Look Out Circulars or LOCs opened at the instance of the 3rd Respondent Bank of Baroda ("BoB") through the Bureau of Immigration 2nd Respondent so that the Petitioner can travel ASHWINI HULGOJI overseas.

GAJAKOSH

Digitally signed by ASHWINI HULGOJI GAJAKOSH Date: 2023.04.20 14:32:36 +0530 2. These Look Out Circulars are typically issued under Office Memoranda ("OM") of the Bureau of Immigration as amended periodically. A Bench of which one of us was a member (GS Patel J)

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14-OSIAL_11024-2023 IN WP-3775-2021.DOC

had considered a substantive challenge to the Office Memoranda and various LOCs. Judgment is reserved.

3. In the meantime we have permitted various parties including the present Petitioner to travel overseas for limited periods subject to conditions. The itinerary presently proposed is set out in paragraph 4 and goes from 24th April 2023 to 3rd July 2023. It is not necessary for us to grant such an extended leave.

4. The first period is from 24th April 2023 to 4th May 2023 and then from 5th May 2023 to 5th June 2023. The travel destinations are London in the United Kingdom and Riga in Latvia. We grant permission from 24th April 2023 until 5th June 2023 and stay the LOCs in question until 6th June 2023. We note that very shortly thereafter the Petitioner has proposed to travel to Hong Kong etc. The Petitioner will be at liberty to apply afresh after his return from the Riga.

5. 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;

(iii) The Petitioner must file an undertaking (if not already done) not to apply for renewal or

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14-OSIAL_11024-2023 IN WP-3775-2021.DOC

extension of this order until he returns to this country.

6. 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 Bank of Baroda has notified them or not and irrespective of whether this suspension is noted in the immigration authorities' systems or not.

7. 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.

8. The Petitioner is also entitled to travel via any transit hub or destination if so required.

9. We are told that despite our orders the Petitioner and others who have received such orders are held up and detained. We do not see why this should be. The Petitioner and others must be permitted to pass through immigration in the normal course without any detention and without being delayed beyond the usual procedures applicable to other persons.

10. This order will dispose of the present Interim Application. No costs.

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




                                    20th April 2023