Bombay High Court
Deepak Shenoy vs State Bank Of India And 2 Ors on 5 June, 2023
Bench: G.S. Patel, Dr. Neela Gokhale
502-OSIAL-14840-2023 IN OSWP-3952-2021.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 14840 OF 2023
IN
WRIT PETITION NO. 3952 OF 2021
Deepak Shenoy ...Applicant
In the matter between
Deepak Shenoy ...Petitioner
Versus
State Bank of India & Ors ...Respondents
Mr Bhalchandra Palav, with A Dighe, i/b Bhal & Co, for the
Applicant/Petitioner.
Akanksha Hambir, i/b Rathina Maravarman, for Respondent No.1.
CORAM G.S. Patel &
Neela Gokhale, JJ.
DATED: 5th June 2023
ARUN
RAMCHNDRA PC:-
SANKPAL
Digitally signed by
ARUN RAMCHNDRA
SANKPAL
Date: 2023.06.05
17:02:59 +0530 1. At page 52 of the Interim Application is a proposed itinerary
of the Petitioner to travel overseas from 6th June 2023. It is
decidedly ambitious because it continues till 10th January 2024. We
do not propose to grant leave for this long period of time.
2. The Petitioner was once a director of a company, Suder
Industries Limited. He says he has resigned from the directorship.
5th June 2023
502-OSIAL-14840-2023 IN OSWP-3952-2021.DOC
He was a director at the time when the company's account was
declared as a non performing asset. But it seems and this is
undisputed, that the State Bank of India ("SBI") at whose instance
the Look Out Circular or LOC in question and which is challenge in
the Writ Petition has been issued, has taken no recovery
proceedings or criminal proceedings against the Petitioner at all. As
is now well known, these LOCs are issued under various Office
Memoranda ("OM") which are in turn issued by the Bureau of
Immigration. Amendments to the OM permit various public sector
banks to initiate or trigger LOCs. A substantive challenge to the
OMs and LOCs have been heard and judgment is awaited.
3. In these circumstances, and particularly since there no
recovery proceedings or no criminal proceedings against the
Petitioner we grant a limited permission to the Petitioner for his
travel itinerary from 6th June 2023 until 6th July 2023. The LOCs in
question issued at the instance of the SBI will remained stayed until
8th July 2023.
4. This is 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 June 2023
502-OSIAL-14840-2023 IN OSWP-3952-2021.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 8th July 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 State Bank of India have 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. For the remaining part of the Interim Application we keep the
Interim Application pending.
(Neela Gokhale, J) (G. S. Patel, J)
5th June 2023
