Bombay High Court
Deep Subhash Gupta vs Union Of India on 2 May, 2024
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2024:BHC-OS:7087-DB
10-OSWPL-9992-2023+.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 9992 OF 2023
WITH
INTERIM APPLICATION NO. 2064 OF 2023
IN
WRIT PETITION (L) NO. 9992 OF 2023
Deep Subhash Gupta ...Petitioner
Versus
Union of India & Ors ...Respondents
Ms. Aarti Jumani, i/b Chandrika Prajapati, Advocates for the
Petitioner.
Mr. Y.R. Mishra, a/w D.A. Dube, Advocates Respondent No.1.
Ms. Nazia Shaikh, AGP, a/w Fatima Lakdawalla, for Respondent-
State.
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 be pleased to issue
Digitally
a Writ of Certiorari or any other Writ in the nature
signed by
ASHWINI
ASHWINI JANARDAN
JANARDAN VALLAKATI
VALLAKATI Date:
of Writ of Certiorari thereby calling for all the
2024.05.03
11:04:48
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Ashwini Vallakati
10-OSWPL-9992-2023+.doc
documents relating to the records pertaining to the
said Lookout Circular and travel ban imposed by
the Respondent No. 1 at the instance of the
Respondent No. 3 and/or any of the other bankers
of Provogue India Limited and to thereafter,
examine the same and quash the illegal and invalid
Lookout Circular and travel ban against the
Petitioner;
b) That this Hon'ble court be pleased to issue
a Writ of Prohibition or a Writ in the nature of
Writ of Prohibition or any other appropriate Writ,
direction or order under Article 226 of the
Constitution of India restraining the Respondents,
their subordinates, offiecers, servants and agents
from taking any steps in furtherance of the Lookout
Circular against the Petitioner and prohibiting them
or any of them from restraining the international
travel of the Petitioner;
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).
3. In these circumstances, the Petition partly succeeds and the
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LOC issued against the Petitioner at the instance of Union Bank of India
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 Union Bank of India 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
survives in any Interim Applications pending therein, and the same are
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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
