Bombay High Court
Ajit Kamath vs Bank Of Baroda And 2 Ors on 2 January, 2023
Bench: G.S. Patel, S. G. Dige
12--13-OSIAL-37033-2022 IN WP-46-2022+.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 37033 OF 2022
IN
WRIT PETITION NO. 46 OF 2022
Rajendra Kaimal ...Applicant/
Petitioner
Versus
Bank of Baroda & Ors ...Respondents
WITH
INTERIM APPLICATION (L) NO. 37037 OF 2022
IN
WRIT PETITION NO. 63 OF 2022
Ajit Kamath ...Applicant/
Petitioner
Versus
Bank of Baroda & Ors ...Respondents
Mr VR Dhond, Senior Advocate, with Bhalchandra Palav, A Dighe,
SHEPHALI
SANJAY i/b Bhal & Co, for the Applicants in both matters.
MORMARE Savita Nangare, i/b Law Focus, for Respondent No.1 -Bank of Baroda,
Digitally signed by
SHEPHALI SANJAY in both matters.
MORMARE
Date: 2023.01.02
17:51:14 +0530
Mr DP Singh, for Union of India-Respondents Nos. 2 and 3 in both
matters.
CORAM G.S. Patel &
S.G. Dige, JJ.
DATED: 2nd January 2023
PC:-
2nd January 2023
12--13-OSIAL-37033-2022 IN WP-46-2022+.DOC
1. The Interim Applications seek an order of the Court
permitting the Petitioners to travel overseas despite the issuance of
Look Out Circulars ("LOCs") at the instance of the 1st
Respondent, the Bank of Baroda ("BOB"). The Petitioners
received similar orders earlier including on 9th December 2021.
2. The Petitions are part of the group that was finally heard and
regarding challenges to not only the LOCs but also the Office
Memoranda under which such Circulars are issued at the instance
of various public sector banks. Judgment is pending.
3. It is already established that the Petitioners, both Indian
Citizens, have roots, property and an assets in India. They have
travelled abroad and have returned each time. There is no case that
the Petitioners are evading warrants or evading arrest. There are no
criminal proceedings against the Petitioners.
4. Accordingly we allow the Interim Applications in terms of
prayer clause (a)(i) for travel overseas from 3rd January 2023 to 3rd
April 2023 as per the itineraries disclosed and subject to the usual
conditions including those noted below.
(i) the Petitioners are to file an undertaking to return
to this country at the end of this period, if not
already done;
ii) the Petitioners are to file a detailed itinerary with
his contact details and addresses overseas, if not
already done;
2nd January 2023
12--13-OSIAL-37033-2022 IN WP-46-2022+.DOC
(iii) The Petitioners must file an undertaking (if not
already done) not to apply for renewal or extension
of this order until they returns to this country.
5. Subject to these conditions, the LOCs in question against the
Petitioners are stayed until 4th April 2023.
6. The immigration authorities at all ports of departure
including all airports will permit the Petitioners passage and permit
the Petitioners to take their 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.
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. This order will dispose of both the Interim Applications.
No costs.
9. We make it clear that we have not insisted that the Petitioners
should travel only by any particular class of travel.
(S. G. Dige, J) (G. S. Patel, J)
2nd January 2023
