Pavan Yatin Khanna vs Union Bank Of India And 2 Ors
2024 Latest Caselaw 13928 Bom

Bombay High Court

Pavan Yatin Khanna vs Union Bank Of India And 2 Ors on 3 May, 2024

Author: B.P. Colabawalla

Bench: B.P. Colabawalla

     2024:BHC-OS:7246-DB


                                                                                             8.wp.3646.2022.doc



                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        ORDINARY ORIGINAL CIVIL JURISDICTION
                                              WRIT PETITION NO.3646 OF 2022

                         Pavan Yatin Khanna                                             .. Petitioner

                                   Versus

                         Union Bank of India & Ors.                                     .. Respondents

                              Mr.Bhavesh Thakur a/w Mukund Pandya, Advocates for
                              the Petitioner.

                              Ms.Harsha Sharma i/b Nahush Shah Legal, Advocates for
                              Respondent No.1.

                              Mr.D.A. Dube a/w Upendra Lokegaonkar, Advocates for
                              UOI.
            Digitally
            signed by
            UTKARSH
UTKARSH     KAKASAHEB
KAKASAHEB   BHALERAO
BHALERAO    Date:
            2024.05.06
            11:22:35
                                                   CORAM         :B. P. COLABAWALLA &
            +0530

                                                                 SOMASEKHAR SUNDARESAN,JJ.

                                                   DATE          :MAY 03, 2024

                         P. C.

1. The above Writ Petition is filed seeking the following

reliefs:-

"(a) That this Hon'ble Court be pleased to hold and declare that the Respondents action of issuing a lookout circular against the Petitioner without any show cause notice and/or hearing is illegal, unlawful, arbitrary and violative of the Petitioner's right under Articles 14 and 19 of the Constitution of India;

MAY 03, 2024 Utkarsh

8.wp.3646.2022.doc

(b) That this Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order or direction under Article 226 of the Constitution of India and quash and set aside the lookout circular issued against 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 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).

3. In these circumstances, the Petition succeeds and the 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 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.

MAY 03, 2024 Utkarsh

8.wp.3646.2022.doc

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 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