Bombay High Court
Prateek Vinod Jatia vs Bureau Of Immigration And 2 Others on 5 January, 2023
Bench: G.S. Patel, S. G. Dige
10-OSIAL-39224-2022 IN WP-4401-2022-MODIFIED.DOC
Amol
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 39224 OF 2022
IN
WRIT PETITION NO. 4401 OF 2022
Prateek Vinod Jatia ...Applicant
In the matter between
Prateek Vinod Jatia ...Petitioner
Versus
Bureau of Immigration & Ors ...Respondents
Mr Ashish Kamat, with Ranjeev Carvalho, Sabeena Mahadik & Sunil
A Humbre, for the Petitioner.
Mr Khozem Mukhtiar, i/b Rabindra Hazari, for Respondent No.2-
Punjab National Bank.
CORAM G.S. Patel &
S.G. Dige, JJ.
DATED: 5th January 2023
PC:-
1. The Petitioner seeks a stay on a Look Out Circular or LOC
issued by the 1st Respondent, Bureau of Immigration, at the
instance of 2nd Respondent, the Punjab National Bank restricting
Petitioner from travelling overseas. The Petition challenges the
LOC as also the Office Memoranda under which such LOC are
typically issued. This petition is the part of the group and in any
case would be covered by the judgment that is awaited in that group
of Petitions which has almost identical challenges.
5th January 2023
10-OSIAL-39224-2022 IN WP-4401-2022-MODIFIED.DOC
2. In many of these matters we have granted interim relief
permitting applicants to travel abroad subject to certain limited
conditions. We have done so even for this Petitioner. The Petitioner
has received such permissions earlier. The Petitioner is unaware of
any criminal proceedings against the Petitioner. There may be civil
recovery suits, but this is not a case of a person evading arrest or
avoiding service of warrant. The Petitioner does have roots, family
and assets in India. He has previously travelled overseas on the basis
of such permission and returned each time and abided by the terms
and conditions and undertakings.
3. The present Application is for leave to travel Doha from 12th
January 2023 to 18th January 2023 to attend a wedding. We see no
reason to depart from the previous orders.
4. Accordingly, the LOC in question is stayed until 19th January
2023. The Petitioner is permitted to travel overseas by any class of
travel of his choice 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
extension of this order until he returns to this
country.
5th January 2023
10-OSIAL-39224-2022 IN WP-4401-2022-MODIFIED.DOC
5. Subject to these conditions, the LOCs in question against the
Petitioner are stayed until 19th January 2023.
6. 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 Punjab National Bank has notified them or not and
irrespective of whether this suspension is noted in the immigration
authorities' systems or not.
7. 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.
8. The Interim Application is disposed of in these terms. No
Costs.
9. For statistical purposes, the Interim Application is to be
finally numbered by 13th January 2023. The Registry will not insist
on removal of office objections. The matter will first be finally
numbered and then shown as disposed.
(S. G. Dige, J) (G. S. Patel, J)
Note: This order is modified by an order dated 9th January 2023. Corrections are
shown in bold and italics.
5th January 2023
