Syed Waheed Zafar Abdi vs Union Of India And 2 Ors
2023 Latest Caselaw 1317 Bom

                                                                         31-OSIWP-1247-2023.DOC




                       Shivgan



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION
          Digitally
          signed by
          SHAMBHAVI
SHAMBHAVI NILESH
NILESH    SHIVGAN
SHIVGAN   Date:
          2023.02.08
          18:51:56
                                  INTERIM APPLICATION (L) NO.1247 OF 2023
          +0530

                                                           IN
                                     WRIT PETITION (L) NO. 34561 OF 2022


                       Syed Waheed Zafar Abdi                                      ...Applicant
                            In the matter between
                       Syed Waheed Zafar Abdi                                     ...Petitioner
                            Versus
                       Union of India & Ors                                    ...Respondents


                       Mr Sushil K Chaurasia, i/b, SKC Legal, for the Applicant/Petitioner.
                       Mrs Savita Ganoo, i/b, Smita Thakur for Respondents Nos. 1 and 2/
                            UOI.
                       Mr Hafeezur Rahaman, for the Respondent No.3.


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

                                               DATED:       7th February 2023
                       PC:-

1. The Applicant seeks a temporary stay on a Look Out Circular issued against him at the instance of 3rd Respondent, the Indian Bank, through the Bureau of Immigration invoking certain Office Memoranda.

7th February 2023 31-OSIWP-1247-2023.DOC

2. These Office Memoranda and Look Out Circulars have been challenged before us in a large group of Petitions. Those matters were finally heard and judgment is reserved. It should be pronounced shortly. In those matters, in various interim applications, the petitioners were permitted to travel overseas subject to certain conditions. The present Petitioner has family, assets, roots and businesses in India. We see no reason to deny a limited permission to travel between Mumbai and Dubai between 12th February 2023 and 20th February 2023 and to and from Oman from 20th February 2023 to 24th February 2023.

3. In view of the history of the matter, we will grant the request, subject to the same terms and conditions as were imposed earlier. We permit the Petitioner to travel overseas for a period from 12th February 2023 and 20th February 2023 to Dubai and from 20th February 2023 to 24th February 2023 to Oman. The other terms and conditions previously imposed will apply. 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

7th February 2023 31-OSIWP-1247-2023.DOC

extension of this order until he returns to this country.

4. Subject to these conditions, the Look Out Circular in question against the Petitioner is stayed until 25th February 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 Indian Bank has 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.

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

8. All office objections are to be removed by tomorrow, 8th February 2023, and the Interim Application is to be finally numbered. Unless the Interim Application is finally numbered, this order will not be uploaded and no authenticated, certified or ordinary copy will be issued.

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





                              7th February 2023