Anubhav Anilkumar Aggarwal vs State Bank Of India And 2 Ors
2023 Latest Caselaw 4239 Bom

2023:BHC-OS:3544-DB                                             28-IAL-11720-2023 IN OSWP-2681-2021.DOC




                         Shephali




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     ORDINARY ORIGINAL CIVIL JURISDICTION
                                    INTERIM APPLICATION (L) NO. 11720 OF 2023
                                                                IN
                                            WRIT PETITION NO. 2681 OF 2021


                         Anubhav Anilkumar Aggarwal                                           ...Applicant
                               In the matter between
                         Anubhav Anilkumar Aggarwal                                          ...Petitioner
                               Versus
                         State Bank of India & Ors                                       ...Respondents


                         Mr Satchit Bhogle, with Pursothaman, i/b Parth Shah, for the
                              Applicant.
                         Ms Akankasha Hambir, i/b Rathina Maravarman, for Respondent
                              No. 1.
                         Mr Dashrath Dubey, with Ashish Mehta & Aarya More, i/b Ethos
                              Legal Alliance, for Respondent No. 2.
                         Ms Aditi Phatak, i/b BLAC , for the Respondent-RBI.

  SHEPHALI
  SANJAY
  MORMARE
                                                       CORAM      G.S. Patel &
  Digitally signed by
  SHEPHALI SANJAY
  MORMARE
  Date: 2023.04.27
                                                                  Neela Gokhale, JJ.

11:03:50 +0530 DATED: 26th April 2023 PC:-

1. This is an unusual application for a travel permission despite the issuance of a Look Out Circular ("LOC") at the instance of the 1st Respondent State Bank of India. The application is made on

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behalf of three Applicants who are the original Petitioners namely, Anubhav Anilkumar Aggarwal, Gokul Anilkumar Aggarwal and Saranga Anilkumar Aggarwal. Applicants Nos. 1 and 2 are siblings and their mother is Applicant No. 3. The Petition itself deals with LOCs issued at the instance of the State Bank of India. A final judgment in a substantive challenge is pending. Previously, the Applicant sought to travel overseas for a medical consultation in the United States of America because Applicant No. 1 is apparently suffering from a rare and serious neurological condition. He has been advised vide a document at page 30 to take further treatment in Zurich. This is the advice given to him also by the consultant in the USA. The period required for this treatment is longer than most that we have come to expect when there are business trips.

2. Leave is sought from 12th May 2023 to 20th August 2023. The Applicants are all Indian citizens and there are no FIRs registered against them. There are no summons issued to them. In any case, they have assured the Court that they will cooperate in all investigation. We will grant the request on 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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(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.

3. We are now told that Applicants may return to India at any time during this period and then wish to return to Zurich. We do not allow this. Whatever be the other consideration, the State Bank of India is correct in saying that it must at least have specific information about the movements of the Petitioners because the LOCs have not yet been quashed. Therefore, the Applicants are not entitled to return to India for this period and to travel again to Zurich or any other destination.

4. Subject to these conditions, the LOCs in question against the Petitioner are stayed until 21st August 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 State Bank of India have notified them or not and irrespective of whether this suspension is noted in the immigration authorities' systems or not.

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.

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

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





                               26th April 2023