Bombay High Court
Harshad Mehta vs Union Of India on 9 October, 2023
Bench: B.P. Colabawalla, M. M. Sathaye
p.ia(l).27518.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLIATION (L) NO.27518 OF 2023
IN
WRIT PETITION (L) NO.27501 OF 2023
Harshad Mehta .. Applicant
Digitally
signed by
Versus
UTKARSH
UTKARSH KAKASAHEB
KAKASAHEB BHALERAO
BHALERAO Date:
2023.10.09
Union of India & Ors. .. Respondents
15:02:56
+0530
Ms.Shaista Pathan a/w Vasudha Gupta i/b Y & A
LEGAL, Advocates for the Applicant/Petitioner.
CORAM : B. P. COLABAWALLA &
M.M. SATHAYE, JJ.
DATE : OCTOBER 09, 2023
P. C.
1. Not on board. Mentioned.
2. The above Praecipe is moved for speaking to the minutes of
the order dated 5th October, 2023.
3. The learned counsel appearing on behalf of the Petitioner
has pointed out that in the cause title of the order dated 5 th October,
OCTOBER 09, 2023
Utkarsh
p.ia(l).27518.2023.doc
2023 Respondent No.1 has been wrongly mentioned as "Union Bank of
India" when it should actually be "Union of India".
4. In these circumstances, in the order dated 5 th October,
2023, in the cause title, the words "Union Bank of India" shall be
substituted with the words "Union of India".
5. No other correction is sought. The correction shall be
carried out in the original order as well as in the copy uploaded on the
server.
6. The Praecipe for speaking to the minutes is accordingly
disposed of.
7. 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 09, 2023
Utkarsh
p.ia(l).27518.2023.doc
For the sake of convenience the order dated 5 th October, 2023
(as corrected) is reproduced hereunder:-
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 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
OCTOBER 09, 2023
Utkarsh
p.ia(l).27518.2023.doc
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
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 09, 2023
Utkarsh
