Tushar Hasmukhlal Shah vs Indian Bank And 3 Ors
2023 Latest Caselaw 169 Bom

                                                               914-OSIAL-40914-2022 IN WP-43-2023.DOC




                              N.S. Kamble



                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            ORDINARY ORIGINAL CIVIL JURISDICTION
                                       INTERIM APPLICATION (L) NO. 40914 OF 2022
                                                                IN
                                                 WRIT PETITION NO. 43 OF 2023


NILAM   Digitally signed by
        NILAM SANTOSH         Tushar Hasmukhlal Shah                                    ...Applicant
SANTOSH KAMBLE
        Date: 2023.01.06
KAMBLE 14:37:29 +0530               In the matter between
                              Tushar Hasmukhlal Shah                                    ...Petitioner
                                    Versus
                              Indian Bank & Ors                                      ...Respondents


                              Ms Gargi Bhagwat, i/b M/s Divekar Bhagwat & Co., for the
                                   Applicant.
                              Mr Hafeezur Rahman, for the Respondent No. 1.
                              Mrs Shehnaz V Bharucha, i/b AA Ansari, for the Respondent No. 3.


                                                     CORAM        G.S. Patel &
                                                                  S.G. Dige, JJ.

                                                     DATED:       5th January 2023
                              PC:-

1. The Interim Application is by the Petitioner seeking a temporary stay on a Lookout Circular or LOC issued at the instance of the Indian Bank through the Bureau of Immigration preventing the Petitioner from traveling overseas. There are certain recovery proceedings between the Indian Bank and either the Petitioner or an entity with which the Petitioner is associated or both. There is no

5th January 2023 914-OSIAL-40914-2022 IN WP-43-2023.DOC

dispute that the Petitioner has family, roots and assets in India. The permission sought is for a temporary period from 9 January 2023 to 13 January 2023 to travel to Colombo, Sri Lanka for stated purposes.

2. The Petition is part of -- or should be a part of -- the group of petitions that assails not only Lookout Circulars but the Office Memoranda under which these are issued. The group was finally heard and sometime ago and the judgment is reserved. There is no doubt that the Petition will be covered by that judgment one way or the other.

3. In virtually identical cases we have granted limited relief permitting overseas travel subject to some conditions. We see no reason to depart from that practice today. In all those orders the operation of the LOCs in question were temporarily stayed for the duration of the travel and one day beyond.

4. Accordingly, the LOC is in question in the present matter, is stayed until 14 January 2023. The Petitioner is permitted to travel abroad according to the itinerary set out in the Interim Application, subject to the following 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) the Petitioner is to file a detailed itinerary with his contact details and addresses overseas, if not already done;

5th January 2023 914-OSIAL-40914-2022 IN WP-43-2023.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. 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 Bank of Baroda 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. We have not restricted the Petitioner to any particular class of travel.

8. This order will dispose of the present IA. No costs.

(S. G. Dige, J)                                            (G. S. Patel, J)





                                 5th January 2023