Bombay High Court
Yudhishthir Dilip Khatau vs Union Of India And 2 Ors on 3 May, 2024
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2024:BHC-OS:7248-DB
9.wp.4545.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.4545 OF 2022
Yudhishthir Dilip Khatau .. Petitioner
Versus
Union of India & Ors. .. Respondents
WITH
INTERIM APPLICATION (L) NO.9728 OF 2023
IN
WRIT PETITION NO.4545 OF 2023
Yudhishthir Dilip Khatau .. Applicant
In the matter between:-
Yudhishthir Dilip Khatau .. Petitioner
Versus
Union of India & Ors. .. Respondents
Mr.Dharam Jumani a/w Munaf Virjee, Akash Agarwal,
Tirtha Mukherjee i/b AMR Law, Advocates for the
Petitioner.
Mr.D.P.Singh, Advocate for Respondent Nos.1 and 2.
Mr.Madhur Rai a/w Sachin Kanse i/b PRS Legal,
Advocate for Respondent No.3.
CORAM :B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN,JJ.
DATE :MAY 03, 2024
MAY 03, 2024
Utkarsh
9.wp.4545.2022.doc
P. C.
1. The above Writ Petition is filed seeking the following
reliefs:-
"(a) This Hon'ble Court be pleased to issue a writ of certiorari
or a writ in the nature of certiorari or any other order, writ
or direction of this Hon'ble Court calling for the records
and proceedings relating to the reasoned order that may
have been passed by the Chairman/Managing
Director/Chief Executive Officer of Respondent No.3 to
request the issuance of a look-out circular against the
Petitioner and the impugned restriction and look out
circular placed on the Petitioner's right to travel abroad by
Respondent Nos.1 and 2 pursuant thereto at the behest of
Respondent No.3 and after examining its legality and
validity, quash and set aside the reasoned order and the
impugned restriction imposed upon and look out circular
issued qua the Petitioner;
(a-1) This Hon'ble Court be pleased to declare quash and set
aside the amendments to the 2010 Memorandum being (i)
Office Memorandum F.No.6/3/2018-80 II dated 4th
October 2018 issued by the Government of India, Ministry
of Finance, Department of Financial Services; (ii) Office
Memorandum F.No.25016/10/2017-IMM dated 12th
October 2018 issued by Government of India, Ministry of
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Home Affairs, Foreigners' Division (Immigration Section);
and (iii) Office Memorandum F.No.6/3/2018-BO II dated
22nd November 2018 issued by the Government of India,
Ministry of Finance, Department of Financial Services
inter alia, empowering the heads of Public Sector Banks
including the Chairman (State Bank of India)/Managing
Directors and Chief Executive Officers (MDs & CEOs) of
all other public sector banks to issue request for opening
look out circulars hereto as ultra vires the Constitution of
India.
(b) This Hon'ble Court be pleased to issue a writ of prohibition
or a writ in the nature of prohibition or any other order,
writ or direction of this Hon'ble Court to prohibit the
Respondents and/or any of them from placing any restraint
on the Petitioner's fundamental right to travel 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 V/S 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
LOC issued against the Petitioner at the instance of Bank of Baroda is
hereby quashed and set aside.
4. The Bureau of Immigration will ignore and not act upon
any LOCs issued at the instance of 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.
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.
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9.wp.4545.2022.doc
7. In view of the disposal of the above Writ Petition any
Interim Applications pending therein also do not survive and 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 03, 2024
Utkarsh
