Bombay High Court
Arjun Rai Jain vs Union Of India on 2 May, 2024
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2024:BHC-OS:7116-DB
18-OSWP-1922-2024+.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1922 OF 2024
WITH
INTERIM APPLICATION (L) NO. 16788 OF 2023
IN
WRIT PETITION NO. 1922 OF 2024
Arjun Rai Jain ...Petitioner
Versus
Union of India & Ors ...Respondents
Ms. Manaswi Agrawal, a/w Meraki Chambers, Advocates for the
Petitioner.
Mr. S.K. Halwasia, Advocate for Respondent Nos.1 & 2.
Mr.s. Divya Bamne, i/b A.R. Bamne & Co., Advocates for
Respondent No.3.
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 a Writ of Certiorari or a writ in the
nature of Certiorari or any other appropriate
Writ under Article 226 of the Constitution of
MAY 02, 2024
Ashwini Vallakati
18-OSWP-1922-2024+.doc
India, 1950 calling for the records maintained
by the Respondents leading to the issuance of
the Look Out Circular against the Petitioner
at the behest of Respondent No.3 under the
provisions of Office Memorandum and upon
examining the legality, propriety and validity
thereof quash the Look Out Circular issued
against the Petitioner;
(b) That this Hon'ble Court be pleased to
hold and direct that the Office Memorandum
No. 25016/102017-Imm (Pt.) dated October
12, 2018 issued by the Ministry of Home
Affairs, to the extent it authorizes designated
officers of the public sector banks to initiate
issuance of the Look Out Circular, is ultra
vires to the Constitution of India;
(c) That this Hon'ble Court be pleased to
direct the Respondent No.3 to pay to the
Petitioner compensation for the breach of the
fundamental rights 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).
MAY 02, 2024
Ashwini Vallakati
18-OSWP-1922-2024+.doc
3. In these circumstances, the Petition partly succeeds and the
LOC issued against the Petitioner at the instance of Bank of Baroda is
hereby quashed and set aside.
4. It is clarified that the Writ Petition is dismissed insofar as it
seeks compensation in terms of prayer clause (c) reproduced above.
5. The Bureau of Immigration will ignore and not act upon any
LOCs issued at the instance of the Bank of Baroda 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.
6. 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.
MAY 02, 2024
Ashwini Vallakati
18-OSWP-1922-2024+.doc
7. The Writ Petition is accordingly disposed of. However, there
shall be no order as to costs.
8. In light of the disposal of the above Writ Petition, nothing
survives in any Interim Applications pending therein, and the same are
disposed of accordingly.
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.
[ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]
MAY 02, 2024
Ashwini Vallakati
