Bombay High Court
Pavan Yatin Khanna vs Union Bank Of India And 2 Ors on 24 April, 2023
Bench: G.S. Patel, Dr. Neela Gokhale
2023:BHC-OS:3340-DB 35-IAL-9904-2023 IN WP-3646-2022.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 9904 OF 2023
IN
WRIT PETITION NO. 3646 OF 2022
Pavan Yatin Khanna ...Applicant
In the matter between
Pavan Yatin Khanna ...Petitioner
Versus
Union Bank of India & Ors ...Respondents
Dr Abhinav Chandrachud,with Mukund Pandya, for the
Applicant/Petitioner.
Mrs Priyanka Chhipa,i/b Nahush Shah Legal, for Respondent No.1.
CORAM G.S. Patel &
Neela Gokhale, JJ.
DATED: 24th April 2023
ARUN
RAMCHNDRA PC:-
SANKPAL
Digitally signed by
ARUN RAMCHNDRA
SANKPAL
Date: 2023.04.25
09:42:28 +0530 1. The Petitioner seeks leave to travel overseas to Dubai from
4th May 2023 to 8th May 2023 as per the itinerary set out at
Exhibits "A" and "B" to the Interim Application. The Petition
seeks that for the duration of that visit the Look Out Circulars
("LOCs") by the 1st Respondent, the Union Bank of India
("UBI") through the Bureau of Immigration be stayed.
24th April 2023
35-IAL-9904-2023 IN WP-3646-2022.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. 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. The present application is for leave to travel for family
commitments to Dubai from 4th May 2023 to 8th May 2023.
5. In view of this, we permit the Petitioner to travel to Dubai
from 4th May 2023 to 8th May 2023 and then return to India. 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
extension of this order until he returns to this
country.
24th April 2023
35-IAL-9904-2023 IN WP-3646-2022.DOC
6. Subject to these conditions, the LOCs in question against the
Petitioner are stayed until 9th 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 UBI have notified them or not and irrespective of
whether this suspension is noted in the immigration authorities'
systems or not.
8. 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.
9. The Interim Application is disposed of in these terms with no
order as to costs.
(Neela Gokhale, J) (G. S. Patel, J)
24th April 2023
