Ajit Kamath vs Bank Of Baroda
2023 Latest Caselaw 5259 Bom

                                                                   501-IAL14979-2023-IN-WP-63-2022.DOC




                                                                                                     Shephali



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION
                                INTERIM APPLICATION (L) NO. 14979 OF 2023
                                                              IN
                                        WRIT PETITION (L) NO. 63 OF 2022


                       Ajit Kamath                                                          ...Applicant
                             In the matter between
                       Ajit Kamath                                                         ...Petitioner
                             Versus
                       Bank of Baroda & Ors                                            ...Respondents


                       Mr Tushad Cooper, Senior Advocate, Bhalchandra Palav, i/b Bhal
SHEPHALI                    & Co, for the Applicant.
SANJAY
MORMARE                Ms Savita Nawgare, i/b Law Focus, for Respondent No. 1.
Digitally signed by
SHEPHALI SANJAY
MORMARE
Date: 2023.06.07
15:23:56 +0530
                                                     CORAM     G.S. Patel &
                                                               Neela Gokhale, JJ.

                                                     DATED:    7th June 2023
                       PC:-

1. The Petitioner seeks leave to travel overseas despite the issuance of a Look Out Circular or LOC issued at the instance of the 1st Respondent, the Bank of Baroda through the 2nd Respondent Bureau of Immigration.

2. The Petition challenges the LOC and the Office Memoranda under which such LOCs are issued at the instance of public sector

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banks. Substantive challenges have been heard and are awaiting judgment.

3. The Petitioner received prior permissions and has adhered to the conditions imposed. Presently, the Petitioner seeks leave to travel overseas according to the itinerary at page 46 of the Interim Application. That itinerary is somewhat ambitious since it runs from 8th June 2023 to 31st December 2023. We will grant leave from 8th June 2023 until 14th July 2023 for travel to Dubai, London and Hong Kong. The LOC in question is stayed until 17th July 2023. This order will also be 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;

(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.

4. Subject to these conditions, the LOCs in question against the Petitioner are stayed until 17th July 2023.

5. The immigration authorities at all ports of departure including all airports will permit the Petitioner passage and permit

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the Petitioner to take his flights out of the country irrespective of whether the Bank of Baroda have 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. Since there are further date, the Interim Application is kept pending.

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





                                7th June 2023