Bombay High Court
Vishal Shreyas Doshi vs Union Of India And 3 Ors on 2 May, 2024
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2024:BHC-OS:7053-DB
5-OSWP-2078-2022+.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2078 OF 2022
Vishal Shreyas Doshi ...Petitioner
Versus
Union of India & Ors ...Respondents
WITH
INTERIM APPLICATION (L) NO. 13448 OF 2024
IN
WRIT PETITION NO. 2078 OF 2022
WITH
INTERIM APPLICATION (L) NO. 11321 OF 2023
IN
WRIT PETITION NO. 2078 OF 2022
WITH
INTERIM APPLICATION (L) NO. 24332 OF 2022
IN
WRIT PETITION NO. 2078 OF 2022
WITH
INTERIM APPLICATION NO. 3964 OF 2022
IN
WRIT PETITION NO. 2078 OF 2022
Ms. Vidya Nair, a/w Meenakshi Pahuja, i/b ANB Legal,
Advocates for the Petitioner.
Digitally
signed by
Mr. Y.R. Mishra, Advocate for Respondent Nos.1 & 2.
ASHWINI
ASHWINI JANARDAN
JANARDAN VALLAKATI
VALLAKATI Date:
2024.05.02
18:29:07
+0530
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Ashwini Vallakati
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5-OSWP-2078-2022+.doc
Mr. Laxman R. Shahapur, a/w Rohit Mishra, Advocates for
Respondent No.3.
Ms. Harsha Sharma, a/w Priyanka Chhipa, i/b Nahush shah
Legal, Advocates for Respondent Nos.4 to 13.
CORAM : B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN, JJ.
DATE : MAY 02, 2024
PC :
1. The above Writ Petition is filed seeking the following reliefs:
(A) That this Hon'ble Court may be pleased to issue
a writ, direction or order in the nature of mandamus
to quash OM No. 2506/10/2017-IMM (Pt), issued
by the Ministry of Home Affairs (Respondent No.1)
on 12.10.2018;
(B) That this Hon'ble Court may be pleased to
issue a writ, direction or order in the nature of
mandamus to quash the Look Out Circular issued
against the Petitioner by Respondent No.2 (at the
behest of Respondent Bank/Banks) whereby he has
been prohibited from travelling abroad;
2. We find that the issue raised in the above Writ Petition is
squarely covered by a Division Bench judgment of this Court in the case
of Viraj Chetan Shah Vs. Union of India Through The Ministry of Home
Affairs & Anr. (Writ Petition No. 719 of 2020 and other connected
matters decided on 23rd April, 2024).
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3. In these circumstances, the Petition partly succeeds and the
LOCs issued against the Petitioner at the instance of Respondent-Banks
is hereby quashed and set aside.
4. The Bureau of Immigration will ignore and not act upon any
LOCs issued at the instance of the Respondent-Banks against the
present Petitioner. All databases will be updated accordingly. We direct
the Bureau of Immigration and or the Ministry of Home Affairs to do
the needful in this regard.
5. We, however, clarify that this order will not and does not
affect any existing restraint order issued by a competent authority,
Court, tribunal, investigative or enforcement agency or an enforcement
of any order of a Court. Where any Court or tribunal has issued a
restraint order (even at the instance of a public sector bank), that order
will continue to operate and the invalidation of the present LOCs cannot
and will not affect such orders.
6. The Writ Petition is accordingly disposed of. However, there
shall be no order as to costs.
7. In light of the disposal of the above Writ Petition, nothing
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survives in any Interim Applications pending therein, and the same are
disposed of accordingly.
8. 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.
[ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]
MAY 02, 2024
Ashwini Vallakati
