Bombay High Court
Maimoona Hasan Darvesh vs Union Of India Through The Ministry Of ... on 3 May, 2024
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2024:BHC-OS:7259-DB
15.wp(l).12813.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.12813 OF 2023
Maimoona Hasan Darvesh .. Petitioner
Versus
Union of India & Ors. .. Respondents
Mr.Chaitanya Malgaonkar, Advocate for the Petitioner.
Mr.S.K.Halwasia, Advocate for Respondent Nos.1 and 2.
Ms.Divya Bamne i/b M/s.A.R.Bamne & Co., Advocate for
Respondent No.3.
Digitally
signed by
UTKARSH
Mr.Jitendra Bakliwal a/w Deepak Saxena i/b Legal
UTKARSH KAKASAHEB
KAKASAHEB
BHALERAO
BHALERAO
Date:
Prism, Advocates for Union Bank of India.
2024.05.06
11:22:35
+0530
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) issue a writ of certiorari and/or writ in the nature of
certiorari and/or any other writ/order/direction calling for
records and proceedings in respect of impugned LOCs,
issued/opened/continued against the Petitioner by the
Respondent No.2 at the instance of Respondent Nos.3 and 4
MAY 03, 2024
Utkarsh
15.wp(l).12813.2023.doc
or any other entity and after satisfying to the legality, validity
and propriety of the same, quash/set-aside/recall/cancel the
said LOCs issued against the Petitioner.
(b) issue a writ of mandamus and/or writ in the nature of
mandamus, directing the Respondent Nos.2 to 4 and its
instrumentalities to provide entire particulars of all the
LOCs issued/opened/continued 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 Bank of Baroda and
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 Bank of Baroda and 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
15.wp(l).12813.2023.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. 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
