Harshad Mehta vs Union Of India
2023 Latest Caselaw 10297 Bom

2023:BHC-OS:11438-DB


                                                                  12 IA(L)-27518-2023.doc



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         ORDINARY ORIGINAL CIVIL JURISDICTION

                        INTERIM APPLICATION (L) NO. 27518 OF 2023
                                          IN
                           WRIT PETITION (L) NO. 27501 OF 2023

            Harshad Mehta                                            ...Applicant
                    Versus
            Union Bank Of India and Ors.                             ...Respondents


                Ms. Shaista Pathan a/w. Vasudha Gupta i/b. Y & A Legal, for
                Applicant/Petitioner.

                Mr. Nishit Dhruva, Niyati Merchant, Harsh Sheth, Darshit Rupda
                i/b. MDP & Partners, for Respondent No. 3.

                Ms. Uma Palsule-Desai, AGP, for Respondent No.2/State.



                                           CORAM          : B. P. COLABAWALLA &
                                                          M.M. SATHAYE, JJ.

                                           DATE           : OCTOBER 5, 2023


           P. C.

1. The above Interim Application is filed seeking a stay to the

LOC issued against the Applicant/Petitioner and to permit the

Applicant/Petitioner to travel to India and abroad. We find that the

main issue challenging the LOC issued by the Banks, is already heard by

this Court in a bunch of other writ petitions and in which the judgment

OCTOBER 5, 2023 Husen 12 IA(L)-27518-2023.doc

is reserved. Therefore this sort of an omnibus prayer cannot be granted,

specially without any details. Firstly, the LOC does not prohibit the

Applicant/Petitioner to enter the country. For this purpose, there is no

requirement to stay the LOC. As far as his wish to travel abroad is

concerned, it would have to be considered after the Applicant/Petitioner

returns and enters India and if he files any appropriate application with

necessary details, seeking permission, at that time, the Court will

consider such permission and grant it if it thinks fit to do so.

2. In these circumstances, we find that the Interim

Application, in the manner in which it is filed, is wholly misconceived

and accordingly dismissed. However, there shall be no order as to costs.

3. This order will be digitally signed by the Private Secretary/

Personal Assistant of this Court. All concerned will act on production by

fax or email of a digitally signed copy of this order.

[ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.]

OCTOBER 5, 2023 Husen

Signed by: Husen Nadaf Designation: PA To Honourable Judge Date: 07/10/2023 16:56:33