Bombay High Court
Piyush S/O Late Rajesh Marodia vs Bureau Of Immigration, Ministry ... on 27 September, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
42-F-5474-2022.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
CIVIL APPLICATION(W) NO.2894 OF 2023 IN
WRIT PETITION NO.5474 OF 2022
Piyush s/o Late Rajesh Marodia
vs.
Bureau of Immigration, Ministry of Home Affairs, New Delhi and others.
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Shri D.V.Chauhan, Advocate with Shri C.J.Dhruv, Advocate applicant/ petitioner.
Shri N.S.Deshpande, Deputy Solicitor General of India for respondent no.1.
Shri P.P.Joshi, Advocate h/f Shri S.N.Kumar, Advocate for respondent nos.2 to 8.
CORAM :- A.S.CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ.
DATE :- 27th SEPTEMBER 2023
By this application, the applicant prays that a direction be issued
to the respondent nos.2 to 8 Banks to inform the Immigration
Authorities that the lookout circular that has been issued at its behest
may not be enforced for the period from 02.10.2023 to 07.10.2023 as
the petitioner intends to travel to 'Dubai'.
2. It is seen that the applicant had moved a similar application being
Civil Application (W) No. 1363 of 2023 in this writ petition which
came to be granted on 27.04.2023. According to the learned counsel
for the applicant/petitioner benefit of this order was not taken by the
petitioner and an affidavit indicating the same is placed on record.
Hence similar permission is sought.
3. We have heard the learned counsel for the parties. On
27.04.2023 the following was passed:
By this application, the applicant-petitioner seeks a
direction that the respondent nos.2 and 8- Banks may
intimate the respondent no.1-Immigration Authority at
Mumbai that in view of the interim order dated
22.09.2022 passed in this writ petition, the applicant
would be entitled to travel to Singapore from
07.05.2023 to 10.05.2023.
2. It is seen that as per the earlier order dated
22.09.2022 the effect, operation and implementation of
the Look Out Circular in view of the letters issued by the
Punjab National Bank and Bank of Baroda (erstwhile
Vijaya Bank) has been stayed until further orders.
Accordingly subject to furnishing of an undertaking as
stated in paragraph 25 of the judgment in Writ Petition
No.2826 of 2022 (Anurag Padmesh Gupta Vs. Bank of
India and anr) except marking attendance before the
Indian Embassy on account of the short duration of stay.
On compliance with the directions issued therein, the
applicant is permitted to travel to Singapore from
07.05.2023 to 10.05.2023.
3. The learned counsel for the respondent nos.2 and 8
shall instruct the respective Banks to communicate this
order to the concerned Immigration Authority at Nagpur.
Similar steps shall be taken by the learned Deputy
Solicitor General of India.
4. The civil application is disposed of.
4. Since the applicant did not take benefit of this order and he
seeks such permission in similar circumstances, the civil application is
allowed for the reasons indicated in the order dated 27.04.2023
referred to above. The petitioner however shall file a fresh undertaking
as indicated in paragraph 2 of that order.
5. The learned counsel for the respondent nos. 2 and 3 to instruct
the respective Banks accordingly and take steps to communicate this
order to concerned Immigration Authorities at Nagpur. Similar steps
shall be taken by the learned Deputy Solicitor General of India.
6. The civil application is disposed.
Writ Petition No. 5474 of 2022
Stand over three weeks for further consideration.
(MRS. VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.)
Andurkar.
Signed by: Jayant S. Andurkar
Designation: PA To Honourable Judge
Date: 27/09/2023 19:28:18
