Bombay High Court
Kunal Jiwarajka And Anr vs Laxmi Devi Jiwarajka on 16 October, 2023
Bench: B.P. Colabawalla, M. M. Sathaye
2023:BHC-OS:12076-DB
15-IA(L)-27177-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 27177 OF 2023
IN
WRIT PETITION NO. 1740 OF 2022
Mr. Kunal Jiwarajka and Anr. .. Applicants/
Petitioners
Versus
Union of India and Ors. .. Respondents
Mr.Dharam Jumani a/w Mr. Mihir Nerurkar and Ms.
Sneha Vani i/b Sneha Vani Marjadi , Advocates for the
Applicants/Petitioners.
Mr.D.P.Singh a/w Mr. D.A. Dube, Advocates for
Respondent No. 1-UOI .
Mr. Sameer Pandit i/b Wadia Gandhy and Co.
Advocates for Respondent No. 6.
Mr. Harsh Sheth i/b MDP and Partners Advocates for
Respondent No. 12.
Mr. Kedar Dighe , AGP for the Respondent-State.
CORAM : B. P. COLABAWALLA &
M.M. SATHAYE, JJ.
DATE : OCTOBER 16, 2023
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15-IA(L)-27177-2023.doc
P. C.
1. The above Writ Petition is filed challenging the Look Out
Circular issued at the instance of Union Bank of India (Respondent
No. 3) and the office memorandums issued by the Government of
India from time to time.
2. The present Interim Application is filed by Petitioner
Nos. 1 and 3 seeking permission to travel to Nepal from 13/11/2023
to 20/11/2023 for business purposes.
3. The learned advocate appearing on behalf of Petitioner
Nos. 1 and 3 submitted that they be permitted to travel to Nepal for
business purposes as particularly set out in the invitation sent on
10/09/2023 and which is annexed at Exhibit B to the Interim
Application. He submitted that in the past also Petitioner Nos. 1 and
3 have been permitted to travel to abroad and they have returned
back to India without breaching any of the conditions imposed upon
them. He submitted that the issues raised in the present Petition are
also sub-judice in a bunch of other Writ Petitions pending before this
Court and the Judgment is reserved. He pointed out that in the
interregnum, parties like Petitioner Nos. 1 and 3 have been
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permitted to travel to abroad for business as well as personal reasons.
He therefore submitted that Petitioner Nos. 1 and 3 be permitted to
travel to Nepal from 13/11/2023 to 20/11/2023 as per the itinerary
set out at Exhibit E to the Interim Application.
4. We have heard the learned counsel appearing on behalf
of Petitioner Nos. 1 and 3. Though Union Bank of India has been
served [as evidenced by affidavit dated 11/10/2023], none have
appeared on their behalf. We have perused the above Interim
Application. It is not in dispute that the issue raised in the present
Petition is sub-judice before this Court in a bunch of other Writ
Petitions and the Judgment is reserved. In the interregnum, parties
like Petitioner Nos. 1 and 3 have been permitted to travel abroad for
business as well as personal reasons . In the facts of the present case,
Petitioner Nos. 1 and 3 have also been permitted to travel to abroad
earlier and they have returned back to India without breaching any of
the terms and conditions imposed upon them. Further, no criminal
proceedings have either been initiated or pending against Petitioner
Nos. 1 and 3. Considering these facts and circumstances of the case,
we are of the view that the Applicants/Petitioner Nos. 1 and 3 can be
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permitted to travel to Nepal from 13/11/2023 to 20/11/2023 subject
to the following terms and conditions :
(a) The Applicants/Petitioner Nos. 1 and 3 shall file an
undertaking stating therein that they will strictly adhere to the
itinerary more particularly set out at Exhibit E to the Interim
Application and shall return back to India on or before
21/11/2023.
(b) The Applicants/Petitioner Nos. 1 and 3 shall also file
another undertaking not to apply for renewal or extension of
this Order until they return back to India.
(c) Copies of both the aforesaid undertakings shall be
served not only upon the advocates for Union Bank of India
but all other banks who are joined as Respondents in the above
Writ Petition, before the date of departure.
(d) Considering that Petitioner Nos. 1 and 3 are traveling
for business purposes, we direct that within one week of
returning to India, namely, within one week from 21/11/2023,
Petitioner Nos. 1 and 3 shall file a separate affidavit setting out
the business meetings they held and with whom, together with
the contact details of the persons they met and the business
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they were able to generate, if any. This Affidavit shall also set
out the expenses incurred by them during the above travel and
the source/s of income used for funding the said expenses with
necessary proof. This affidavit shall also be served not only on
the Advocate for Union Bank of India but also on all other
banks who are party Respondents in the above Writ Petition,
within a period of one week from 21/11/2023.
5. Subject to the above conditions, the Look Out Circular
issued against the Applicants/Petitioner Nos. 1 and 3 at the instance
of Union Bank of India stands suspended until 21/11/2023. It is
clarified that this order does not suspend any other Look Out
Circular or restraint order, if issued by any other Agency/ Authority/
Court/Bank.
6. The immigration authorities at all ports of departure,
including all airports, will permit the Applicants/Petitioner Nos. 1
and 3 passage and allow them to take their flights out of the country
irrespective of whether Union Bank of India has notified the
authorities about the said suspension or not and irrespective of
whether this suspension is noted in the immigration authorities'
systems or otherwise.
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7. The immigration authorities shall not insist upon a
certified copy of this order but will act on presentation of an
authenticated or digitally signed copy of this order.
8. The Interim Application is disposed of in the aforesaid
terms. However, there shall be no order as to costs.
9. 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 16, 2023
Signed by: Yugandhara Patil Yugandhara Patil
Designation: PA To Honourable Judge
Date: 17/10/2023 16:07:02
