Bombay High Court
Prateek Vinod Jatia vs Bureau Of Immigration Ministry Of ... on 5 January, 2023
Bench: G.S. Patel, S. G. Dige
901-IAL39227-2022 IN WP-4886-2022.DOC
Amol
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 39227 OF 2022
IN
WRIT PETITION NO. 4886 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 Rajesh Dubey, with Shradha Agrawal, for Respondent No.2.
CORAM G.S. Patel &
S.G. Dige, JJ.
DATED: 5th January 2023
PC:-
1. The Petitioner seeks stay on the Look Out Circulars or LOCs
issued by the 1st Respondent, Bureau of Immigration at the instance
of 2nd Respondent the Indian Overseas 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
5th January 2023
901-IAL39227-2022 IN WP-4886-2022.DOC
covered by the judgment that is awaited in that group of Petitions
which has almost identical challenges.
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;
5th January 2023
901-IAL39227-2022 IN WP-4886-2022.DOC
(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.
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 Indian Overseas 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 Petitioner is unaware of any actions.
(S. G. Dige, J) (G. S. Patel, J)
5th January 2023
