Maniish Mandhana vs Union Of India
2023 Latest Caselaw 5062 Bom

2023:BHC-OS:4422-DB                                                 904-OSIAWPL-144457-2023.DOC




                 Gaikwad RD



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ORDINARY ORIGINAL CIVIL JURISDICTION
                          INTERIM APPLICATION (L) NO. 14457 OF 2023
                                                        IN
                                 WRIT PETITION (L) NO. 8821 OF 2022


                 Maniish Mandhana                                                       ...Applicant
                      In the matter between
                 Purushottam Chhaganlal Mandhana & Ors                               ...Petitioners
                      Versus
                 Union of India & Ors                                              ...Respondents


                 Mr Shadab Jan, with Himanshu Pradhan, i/b Crawford Bayley & Co,
                      for the Applicant.
                 Mr DP Singh, i/b AA Ansari, for Respondents No. 1 & 2.
                 Ms Akansha Hambir, i/b Rathina Maravarman, for Respondent No.
                      3- Bank of Baroda.


                                               CORAM: G.S. Patel &
                                                      Neela Gokhale, JJ.

DATED: 6th June 2023 PC:-

1. The Interim Application seeks permission to allow the Applicant Maniish (original Petitioner No.3) to travel overseas between 9th June 2023 and 16th July 2023 according to the itinerary set out in table at page 6. The Petitioners are facing Look Out Circular ("LOC") issued at the instance of 3rd Respondent-Bank of

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904-OSIAWPL-144457-2023.DOC

Baroda. There are previous orders granting permission to some of the other Petitioners. Substantive Petitions challenging the Look Out Circular and the Office Memorandum ("OM") under which these are issued have been heard and await final judgment.

2. In view of this, we permit the Applicant to travel overseas between 9th June 2023 and 16th July 2023. This order will also be subject to the usual conditions, viz.:-

(i) the Applicant is to file an undertaking to return to this country at the end of this period, if not already done;

(ii) the Applicant is to file a detailed itinerary with his contact details and addresses overseas, if not already done;

(iii) The Applicant must file an undertaking (if not already done) not to apply for renewal or extension of this order until he returns to this country.

3. Subject to these conditions, the LOC in question against the Petitioner is stayed until 17th July 2023.

4. The immigration authorities at all ports of departure including all airports will permit the Applicant passage and permit the Applicant to take his flights out of the country irrespective of whether this suspension have notified them or not and irrespective

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904-OSIAWPL-144457-2023.DOC

of whether this suspension is noted in the immigration authorities' systems or not.

5. 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.

6. The Interim Application is disposed of in these terms. No costs.

                                (Neela Gokhale, J)                                          (G. S. Patel, J)

            Digitally signed
            by RAJU
            DATTATRAYA
RAJU       GAIKWAD
DATTATRAYA
           Date:
GAIKWAD    2023.06.07
            11:26:22
            +0530





                                                               6th June 2023