Bombay High Court
Vishal Shreyas Doshi vs Union Of India And 12 Ors on 11 December, 2023
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2023:BHC-OS:14483-DB
17-IAL-33656-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 33656 OF 2023
IN
WRIT PETITION NO. 2078 OF 2022
Vishal Shreyas Doshi ... Applicant
In the matter between :
Vishal Shreyas Doshi ... Petitioner
Versus
1. Union of India
& Ors. ... Respondents
Ms.Shreni Shetty a/w. Ms.Meenakshi Pahuja i/b ANB Legal,
Advocates for the Applicant/Petitioner.
Mr Y.R. Mishra a/w. Ms Akanksha Hambir and MrRahul Tiwari,
Advocates for Respondent Nos.1 and 2.
Ms. Priyanka Chhipa i/b Nahush Shah Legal, Advocate for
Respondent No.4.
CORAM : B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN, JJ.
DATE : DECEMBER 11, 2023
P. C.
1. The above Interim Application is filed by the
Applicant/Petitioner seeking permission to travel to Sri Lanka from 19 th
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December 2023 to 5th January 2024 on such terms and conditions as
this Court may deem fit.
2. The learned Counsel appearing on behalf of the
Applicant/Petitioner submitted that the present Interim Application is
necessitated because a Look Out Circular ("LOC") has been issued
against the Applicant/Petitioner at the instance of Bank of India, and
which Look Out Circular is also challenged in the above Writ Petition.
3. The learned Counsel for the Petitioner submitted that in the past
also, the Applicant/Petitioner has been granted permission to travel
abroad and he has returned back to the country without breaching any
of the terms and conditions imposed upon him. The learned Counsel,
further submitted that in the facts of the present case, no criminal
proceedings have either been initiated or pending against the Applicant/
Petitioner. Considering the right to travel abroad is recognized as a
fundamental right under Article 21 of the Constitution of India, she
submitted that the Applicant/Petitioner be allowed to travel to Sri
Lanka for business purposes from 19th December 2023 to 5th January
2024 on such terms and conditions as this Court may deem fit.
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4. The learned Advocate appearing on behalf of Bank of India fairly
submitted that considering the Applicant/Petitioner has been granted
permission to travel abroad in the past and he has returned back to
India without breaching any of the terms and conditions imposed upon
him, he may be permitted to travel to Sri Lanka on such terms and
conditions as this Court may deem fit.
5. We have heard the learned Counsel for the parties. We have also
perused the papers and proceedings in the above Interim Application. It
is not in dispute that issues raised in the above Writ Petition have
already been heard by another Division Bench of this Court (in a bunch
of other Writ Petitions) and the Judgment is reserved. It is also not in
dispute that in the interregnum, parties like the Petitioner have been
granted permission to travel abroad for business as well as personal
reasons. In the present case, no criminal proceedings have either been
initiated or pending against the Applicant/Petitioner. Considering that
the right to travel is recognized as a fundamental right under Article 21
of the Constitution of India, coupled with the fact that the
Applicant/Petitioner has been granted permission to travel abroad on
several previous occasions and he had returned back to India without
breaching any of the terms and conditions imposed upon him, we are of
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the opinion that the Applicant/Petitioner can be granted permission to
travel to Sri Lanka from 19 th December 2023 to 5th January 2024,
subject to the following terms and conditions :-
(a) The Applicant/Petitioner shall file an undertaking
in this Court stating that he shall strictly comply with the
itinerary more particularly set out in Exhibits "D" and
"E" of the above Interim Application and that he shall
return back to India on or before 6th January 2024.
(b) The Applicant/Petitioner shall also file another
undertaking stating that he will not apply for renewal or
extension of this order until he returns back to India.
(c) Both the aforesaid undertakings shall be served on
the Advocates for Bank of India before the date of
departure.
(d) Since the Applicant/Petitioner is travelling for
business, we direct that within 1 week of returning to
India, namely, within 1 week from 6 th January 2024, the
Applicant/Petitioner shall file a separate affidavit
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explaining the business meetings he held during the
above travel and with whom, together with the contact
details of the persons he met, and the details of the
business he was able to generate, if any. This affidavit
shall also set out the expenses incurred by him during
the above travel and the source/s of income used for
funding the said expenses with necessary proof. This
affidavit shall also be served on the Advocates for Bank
of India within a period of one week from 6 th January
2024.
6. Subject to the above conditions, the Look Out Circular issued at
the instance of Bank of India against the Applicant/Petitioner is
suspended upto 6th January 2024. It is clarified that this order does not
apply to any other Look Out Circular and/or restraint order, if any,
issued by any other Authority/Agency/Court/Bank.
7. The Immigration Authorities at all ports of departure, including
all Airports, will permit the Applicant/Petitioner passage and permit the
Applicant/Petitioner to take his flights out of the country irrespective of
whether Bank of India have notified them or not and irrespective of
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whether this suspension is noted in the Immigration Authorities'
systems or otherwise.
8. The Immigration Authorities will not insist upon 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 the aforesaid terms.
However, there shall be no order as to costs.
10. This order will be digitally signed by the Private Secretary/
Personal Assistant of this Court. All concerned will act on production by
fax or email of a digitally signed copy of this order.
[SOMASEKHAR SUNDARESAN, J] [ B. P. COLABAWALLA, J.]
DECEMBER 11, 2023
Shraddha Talekar
