Yahya Mohamed Faroukh Darvesh vs Union Of India
2023 Latest Caselaw 2149 Bom

                                                 P1-OSIAL-6095-2023 IN WPL-24367-2022+.DOC




                      Ashwini



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                ORDINARY ORIGINAL CIVIL JURISDICTION
                                INTERIM APPLICATION (L) NO. 6095 OF 2023
                                                    IN
                                   WRIT PETITION (L) NO. 24367 OF 2022


                      Yahya Mohamed Farouk Darvesh                           ...Applicant
                           In the matter between
                      Yahya Mohamed Farouk Darvesh                          ...Petitioner
                           Versus
                      Union of India & Ors                               ...Respondents

                                                 WITH
                                INTERIM APPLICATION (L) NO. 6093 OF 2023
                                                    IN
                                   WRIT PETITION (L) NO. 5966 OF 2023

ASHWINI
HULGOJI               Yahya Mohamed Farouk Darvesh                           ...Applicant
GAJAKOSH
Digitally signed by
                           In the matter between
ASHWINI
HULGOJI
GAJAKOSH
Date: 2023.03.03
                      Yahya Mohamed Farouk Darvesh                          ...Petitioner
19:05:16 +0530
                           Versus
                      Union of India & Ors                               ...Respondents


                      Mr Shadab Jan, with Prangana Banl & Shivam Bhagwati, i/b
                           Crawford Bayley & Co, for the Applicant in IAST/6095/2023
                           and in IAST/6093/2023.
                      Mr DP Singh, for Respondents Nos. 1 and 2.
                      Ms Akanksha Hambir, i/b Rathina Maravarman, for Respondent No.
                           3-Bank of Baroda.




                                                 Page 1 of 4
                                               3rd March 2023
                                P1-OSIAL-6095-2023 IN WPL-24367-2022+.DOC




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

                      DATED:        3rd March 2023
PC:-

1. Not on board. Mentioned. Taken on board.

2. The Writ Petition (L) No. 24367 of 2022 is the earlier Writ Petition. In this, there is a fresh Interim Application (L) No. 6095 of 2023. The urgent relief sought is for leave to travel abroad despite the issuance of a Look Out Circular issued at the instance of 3rd Respondent Bank of Baroda. The proposed travel is from 4th March 2023 to Dubai and from 12th March to 14th March 2023 to Dar es Salaam and to Morogoro-Tanzania and also for travel to various separate trips on 4th March onwards up to 21st May 2022. We are not inclined to grant open ended relief for the entire itinerary. We grant leave for the itinerary up to 30th April 2023, i.e., from items 1 to 8 of the itinerary. We have previously granted permission. The Petition challenges not only the Look Out Circulars but also Office Memoranda as amended. Final judgment is awaited in a group with similar challenges.

3. There is a separate fresh Writ Petition with an identical itinerary. This had to be filed because there is yet another Look Out Circular issued at the instance of Respondents Nos. 3 and 4 Union Bank of India and Punjab and National Bank, respectively. In this Writ Petition (L) No. 5966 of 2023 there is a fresh Interim

3rd March 2023 P1-OSIAL-6095-2023 IN WPL-24367-2022+.DOC

Application (L) No. 6093 of 2023. Notice has been given on both these applications.

4. We similarly allow leave in the second Writ Petition and Interim Application also for an identical itinerary until 3rd April 2023.

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

6. A separate statement of itinerary is not necessary since it is already noted in the Interim Application and Petition. We lastly clarify that the immigration authorities are not to delay the Petitioner either departing or entering the country.

7. This stay will operate in favour of the Petitioner in respect of all Look Out Circulars that are issued against the Petitioner.

8. Petitioner is at liberty to alter the dates of the travel as also destination provided, he adheres to departure and return on the dates.

3rd March 2023 P1-OSIAL-6095-2023 IN WPL-24367-2022+.DOC

9. Subject to these conditions, the LOCs in question against the Petitioner are stayed until 30th April 2023.

10. 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 these banks have notified them or not and irrespective of whether this suspension is noted in the immigration authorities' systems or not.

11. 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.

12. The Interim Applications are disposed of in these terms . No Costs.

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





                             3rd March 2023