Amir Jamal Dodhia And Anr vs Union Of India And 2 Ors
2023 Latest Caselaw 1515 Bom

                                      907-OSIAL-2028-2023-IN-WPL-25341-2022.DOC




 Ashwini V



      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              ORDINARY ORIGINAL CIVIL JURISDICTION
             INTERIM APPLICATION (L) NO. 2028 OF 2023
                                         IN
                 WRIT PETITION (L) NO. 25341 OF 2022


 Amir Jamal Dodhia & Anr                                              ...Applicants
       In the matter between
 Amir Jamal Dodhia & Anr                                             ...Petitioners
       Versus
 Union of India & Ors                                              ...Respondents


 Mr Ruchita, i/b Devanshu Desai, for the Applicants/Petitioners.
 Ms Akansha Hambir, i/b Rathina Maravarman, for Respondent No.
      3-Bank of Baroda.


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

                               DATED:      14th February 2023
 PC:-

1. The IA is to be finally numbered and the office objections are to be removed by the end of the day today, 14th February 2023.

2. The Petitioners seek leave to travel to UK via Poland despite the issuance of LOC at the instance of 3rd Respondent Bank of Baroda through 2nd Respondent, the Bureau of Immigration. The LOC was issued because a company with which the Petitioners are

14th February 2023

907-OSIAL-2028-2023-IN-WPL-25341-2022.DOC

associated was indebted to the Bank of Baroda and these are the subject matter of the recovery proceedings by the Bank of Baroda.

3. The Petitioners seek leave to travel overseas. The Petition challenges the LOC and the Office Memorandum under which they are issued. A group of Petitions with similar challenges was finally heard. Judgment is reserved. In all those matters, we have passed interim measures permitting the Petitioners to travel overseas temporarily subject to certain conditions.

4. In light of the facts state in the Interim Application, we grant Petitioners temporary leave to travel to the UK between 16th February 2023 and 15th April 2023. The itinerary is set out and is annexed to the Interim Application.

5. Accordingly, the LOC in question is stayed until 17th April 2023. This is subject to the usual conditions:

(i) the Petitioners must undertake to return to India by 15th April 2023;

(ii) the Petitioners must undertake not to apply for an extension or freshly to travel until they have to return to this country.

(iii) The signed and affirmed undertaking is to be filed before the Petitioners board the flight.

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907-OSIAL-2028-2023-IN-WPL-25341-2022.DOC

6. Subject to these conditions, the LOC will remain stayed as aforesaid.

7. The immigration authorities at all ports of departure including all airports will permit the Petitioners passage and permit the Petitioners to take their flight out of the country irrespective of whether the Bank of Baroda 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 . No Costs.

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





                               14th February 2023