Deepen Arun Parekh vs Union Of India
2023 Latest Caselaw 5310 Bom

2023:BHC-OS:4657-DB                                                 256-OSIWP-1728-2023.DOC




                 Gaikwad RD



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ORDINARY ORIGINAL CIVIL JURISDICTION
                               INTERIM APPLICATION NO. 1728 of 2023
                                                        IN
                               WRIT PETITION (ST) NO. 38659 OF 2022


                 Deepen Arun Parekh                                                 ...Applicant
                      In the matter between
                 Deepen Arun Parekh                                                ...Petitioner
                      Versus
                 Union of India & Ors                                          ...Respondents


                 Mr Punit Damodar, with Nikita Vardhan & Vishal Tiwari, i/b Kanga
                      & Co, for the Applicant.
                 Ms Savita Ganoo, with Gargi Warunjikar, for the Respondents.


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

                                               DATED:    8th June 2023
                 PC:-


                 1.      Heard.

2. The Applicant seeks leave to travel overseas to the United Kingdom and Europe despite the issuance against him of a Look Out Circular ("LOC") at the instance of Bank of Baroda, the 3rd Respondent, through the 2nd Respondent, the Bureau of Immigration.

8th June 2023

256-OSIWP-1728-2023.DOC

3. A draft amendment is tendered to the prayers in the Interim Application revising the itinerary from 2nd July 2023 to 26th July 2023. Leave to amend the Interim Application in terms to the draft amendment tendered. It is taken on record and marked "X' for identification with today's date. Amendment is to be carried out forthwith without need of reverification.

4. The Petition challenges the LOC and the Office Memorandum ("OM") under which it was issued. The substantive challenge has been heard and is awaiting final judgment. The Petitioner has received permission previously and adhered to the conditions in question.

5. We grant limited relief from 2nd July 2023 to 26th 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.

8th June 2023

256-OSIWP-1728-2023.DOC

6. Subject to these conditions, the LOC in question against the Applicant is stayed until 29th July 2023.

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

8. 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.

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

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





                                8th June 2023