Bombay High Court
Hassanmiya Suleman Darvesh vs Union Of India Through Ministry Of Home ... on 3 May, 2024
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2024:BHC-OS:7258-DB
13.wp(l).12791.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.12791 OF 2023
Hassanmiya Suleman 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., Advocates for
Respondent No.3.
Digitally
signed by
UTKARSH
UTKARSH
KAKASAHEB
KAKASAHEB
BHALERAO
Mr.Jaganathan V. i/b O.A. Das, Advocates for Respondent
BHALERAO Date:
2024.05.06
11:22:34
No.4.
+0530
Mr.Rajesh Dubey, Advocate for Respondent No.6.
Mr.Jitendra Bakliwal a/w Deepak Saxena i/b Legal
Prism, Advocates for Union Bank of India.
CORAM :B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN,JJ.
DATE :MAY 03, 2024
P. C.
1. The above Writ Petition is filed seeking the following
reliefs:-
MAY 03, 2024
Utkarsh
13.wp(l).12791.2023.doc
"(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 LOC
issued/opened/continued against the Petitioner by the
Respondent No.2 at the instance of the Respondent No.3 after
satisfying to the legality, validity and propriety of the same,
quash/set-aside/recall/cancel the said impugned LOC issued
against the Petitioner.
(b) 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.4 to 6 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.
(c) issue a writ of mandamus and/or writ in the nature of mandamus,
directing the Respondent Nos.2 to 6 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).
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13.wp(l).12791.2023.doc
3. In these circumstances, the Petition succeeds and the LOC
issued against the Petitioner at the instance of Bank of Baroda, Bank of
India, Indian Overseas Bank 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, Bank of India,
Indian Overseas Bank 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.
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.
MAY 03, 2024
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13.wp(l).12791.2023.doc
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
