Bombay High Court
Nitin Ramchandra Jadhav vs Nisha Nitin Jadhav And 14 Ors on 3 May, 2024
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2024:BHC-OS:7251-DB
10.wp.2404.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.2404 OF 2023
Nitin Ramchandra Jadhav & Ors. .. Petitioners
Versus
The Bureau of Immigration & Ors. .. Respondents
WITH
INTERIM APPLICATION (L) NO.22745 OF 2022
IN
WRIT PETITION NO.2404 OF 2023
WITH
INTERIM APPLICATION (L) NO.36507 OF 2022
IN
WRIT PETITION NO.2404 OF 2023
WITH
INTERIM APPLICATION (L) NO.5145 OF 2023
IN
WRIT PETITION NO.2404 OF 2023
Page 1 of 4
MAY 03, 2024
Utkarsh
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10.wp.2404.2023.doc
Mr.Dharam Jumani a/w Vaishnavi Mungekar, Advocates
for the Petitioners.
Ms.Savita Ganoo i/b Tanu Khatri, Advocates for
Respondent No.1.
Mr.Jaganathan V. i/b O.A. Das, Advocates for Respondent
No.2.
Mr.Jamshed Ansari, Advocate for Respondent No.8.
Mr.Hafeezur Rehman, Advocate for Respondent No.5.
Ms.Rathina Maravarman (through V.C.), Advocate for
Respondent Nos.3 and 4.
CORAM :B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN,JJ.
DATE :MAY 03, 2024
P. C.
1. The above Writ Petition is filed seeking the following
reliefs:-
"(a) For a declaration that the impugned LOC issue by the
Respondent No.1 upon the request of Respondent No.2 is
purported exercise of the powers conferred under govt
guidelines is invalid and for a direction to Respondent No.1 to
recall/withdraw the same;
(b) For a writ of Certiorari or a writ in nature of Certiorari or
any other appropriate writ, order or direction calling for the
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records relating to the impugned LOC and consequent
directions as below specified.
(c) For a writ of Mandamus or a writ in nature of Mandamus or
any other appropriate writ order or direction directing
Respondents to forthwith the impugned LOC/directing the
quashing of the impugned LOC;"
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 IDBI Bank is hereby
quashed and set aside.
4. The Bureau of Immigration will ignore and not act upon
any LOCs issued at the instance of IDBI Bank 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.
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10.wp.2404.2023.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
