Shabana Usman Darvesh vs Union Of India
2023 Latest Caselaw 1847 Bom

                                                                          912-OSIWPL-5130-2023.DOC
          Digitally
          signed by
          SHAMBHAVI
SHAMBHAVI NILESH
NILESH    SHIVGAN
SHIVGAN   Date:
          2023.02.23
          18:14:54
          +0530
                       Shivgan



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION
                                  INTERIM APPLICATION (L) NO.5130 OF 2023
                                                            IN
                                      WRIT PETITION (L) NO.5092 OF 2023


                       Shabana Usman Darvesh                                         ...Applicant
                            In the matter between
                       Shabana Usman Darvesh                                         ...Petitioner
                            Versus
                       Union of India & Ors                                       ...Respondents


                       Mr Shadab Jan, with Prangana Barua and Shivam Bhagwati, i/b
                            Crawford Bayley & Co, for the Applicant/Original Petitioner.
                       Mr Khozem Mukhtiar, i/b Rabindra Hazari for Respondent No.5-
                            PNB.
                       Mr DP Singh , for Respondents Nos 1 and 2.


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

                                                DATED:        23rd February 2023
                       PC:-

1. The Petitioners seek interim reliefs to travel overseas despite the issuance of Look Out Circulars by one or more times including Respondents 3, 4 & 5. These may not be the only banks in question.

23rd February 2023 912-OSIWPL-5130-2023.DOC

2. The question of such LOCs, the legality and the office memoranda under which they issued is awaiting judgment after the final hearing of a group of matters. In those matters, we have granted temporary permissions. The present permission is sought is to visit UAE from 25th April 2023 to 23rd May 2023. An itinerary as at Exhibit 8 to the Interim Application. The first segment is to visit the United Arab Emirates between 25th February and 20th March 2023. We grant leave until 21st March 2023. This is subject to the usual undertakings.

3. Accordingly, the LOC or LOCs in question are stayed until 23rd March 2023. This is subject to the usual conditions:

(i) the Petitioner is to file an undertaking to return to this country at the end of this period, if not already done;

(ii) As far as itinerary is concerned, a revised limited itinerary is required to be filed;

(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.

4. Subject to these conditions, the LOCs in question against the Petitioner are stayed until 23rd March 2023.

5. The immigration authorities at all ports of departure including all airports will permit the Petitioner passage and permit

23rd February 2023 912-OSIWPL-5130-2023.DOC

the Petitioner to take his flights out of the country irrespective of whether the banks 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.

7. We further make it clear that it does not matter whether there is an LOC issued only by the Union Bank of India, Bank of Baroda or the Punjab National Bank. By this order, all LOCs by any bank against the present Petitioner/Applicant are stayed for the duration of these dates.

8. The Interim Application is kept pending for the remaining itinerary.

9. We expect the immigration authorities not to detain or delay the Petitioners during the continuance of this order while passing through immigration either leaving India or re-entering India.

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





                             23rd February 2023