Bombay High Court
Viren Rai Jain vs Union Of India Through Government ... on 2 May, 2024
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2024:BHC-OS:7115-DB
15-OSWP-922-2024+.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 922 OF 2024
WITH
INTERIM APPLICATION (L) NO. 16243 OF 2023
IN
WRIT PETITION NO. 922 OF 2024
Viren Rai Jain ...Petitioner
Versus
Union of India & Ors ...Respondents
Ms. Manaswi Agrawal, a/w Saloni Kalwade, i/b 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 any other
Digitally
ASHWINI
signed by
ASHWINI
JANARDAN
appropriate Writ under Article 226 of the
JANARDAN VALLAKATI
VALLAKATI Date:
2024.05.03
15:01:52
+0530
MAY 02, 2024
Ashwini Vallakati
15-OSWP-922-2024+.doc
Constitution of 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 the consequent
amendments thereto and upon examining the
legality, propriety and validity thereof quash
the Look Out Circular;
(b) That this Hon'ble Court be pleased to issue
a Writ of Certiorari or any other appropriate
Writ under Article 226 of the Constitution of
India, 1950 and quash the Office
Memorandum No. 25016/102017-Imm (Pt.)
dated October 12, 2018 issued by the Ministry
of Home Affairs, annexed at Exhibit A to the
extent it authorizes designated officer of the
public sector banks to initiate issuance of the
Look Out Circular, as ultra virus to the
Constitution of India;
(c) That this Hon'ble Court be pleased to
direct the Respondent No. 3 to pay to the
Petitioner a total amount of Rs. Rs. 26,81,481
(Rupees Twenty Six Lakhs Eighty One
Thousand Four Hundred and Eighty One
only) towards reimbursement of the costs
spent by the Petitioner in booking flight
tickets and towards compensation for the
MAY 02, 2024
Ashwini Vallakati
15-OSWP-922-2024+.doc
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).
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.
MAY 02, 2024
Ashwini Vallakati
15-OSWP-922-2024+.doc
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.
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
