Bombay High Court
Deepak Shenoy vs State Bank Of India And 2 Ors on 6 May, 2024
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2024:BHC-OS:7413-DB
14-OSIAL-3750-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 3952 OF 2021
WITH
INTERIM APPLICATION (L) NO. 3750 OF 2024
IN
WRIT PETITION NO. 3952 OF 2021
Deepak Shenoy ...Applicant
Versus
State Bank of India & Ors ...Respondents
Mr. Shadab Jan, Himanshu Pradhan, i/b Vaibhav Jagdale,
Advocates for the Petitioner.
Ms. Rathina Maravarman (through V.C.), for Respondent No.1.
CORAM : B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN, JJ.
DATE : MAY 06, 2024
PC :
1. The above Writ Petition is filed seeking the following reliefs:
"(a) That this Hon'ble Court be pleased to quash
and/or set aside the Impugned Lookout Circular
issued by the Respondent No. 3 on Respondent
No. 1's request;
Digitally
signed by
ASHWINI
ASHWINI JANARDAN
JANARDAN VALLAKATI
VALLAKATI Date: (b) that this Hon'ble Court be pleased to issue a
2024.05.07
12:37:55
+0530
Writ of Mandamus or a Writ in the nature of
MAY 06, 2024
Ashwini Vallakati
14-OSIAL-3750-2024.doc
Mandamus or any other appropriate Writ, order
and/or direction commanding the Respondents
or any one or more of them as this Hon'ble
Court deems fit and proper to forthwith refrain
from acting upon and/or in pursuant of the
Impugned Lookout Ciruclar in any manner
whatsoever."
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 Vs. 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 State 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 the State 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 06, 2024
Ashwini Vallakati
14-OSIAL-3750-2024.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 light of the disposal of the above Writ Petition, nothing
survives in any Interim Applications pending therein, and the same 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 06, 2024
Ashwini Vallakati
