Bombay High Court
Sheela Abhay Lodha vs Union Of India Represented By The ... on 8 May, 2024
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
Digitally
signed by
2024:BHC-AS:21710-DB
ASHWINI
ASHWINI
JANARDAN
JANARDAN VALLAKATI
VALLAKATI Date:
2024.05.09
23:10:38
+0530
9-OSWP-12704-2022+.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12704 OF 2022
WITH
INTERIM APPLICATION NO. 7853 OF 2023
IN
WRIT PETITION NO. 12704 OF 2022
WITH
INTERIM APPLICATION NO. 19393 OF 2022
IN
WRIT PETITION NO. 12704 OF 2022
Sheela Abhay Lodha ...Petitioner
Versus
Union of India & Ors ...Respondents
Ms Neeha Nagpal (Through VC) with Rahul Punjabi, dvocates for
the Petitioner.
Mr. S.K. Halwasia with Mr. Deepak Shukla, Advocate for
Respondents No.1-UOI.
Mr. Dashrath Dube with Y.R. Mishra, Advocate for Respondent
Nos.2 & 3-UOI.
Mrs. Rathina Maravarman (Through VC) with Ms. Aakanksha
Hambir, Advocate for Respondent No.4-Bank of Baroda.
CORAM : B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN, JJ.
DATE : MAY 08, 2024
MAY 08, 2024
Ashwini Vallakati
9-OSWP-12704-2022+.doc
PC :
1. The above Writ Petition is filed seeking the following reliefs:
"A. That Hon'ble Court may kindly issue writ of mandamus
and/or any other appropriate writ and/or direction and/or order
and thereby quash the Look Out Circular issued by
Respondents No.2 against the Petitioner; at the instance of
Respondents No.4, 5 and/or 6;
B. The Hon'ble Court may kindly issue writ of mandamus
and/or any other appropriate writ and/or direction and/or order
and thereby direct the Respondent No.4, 5 and/or 6 to withdraw
their request made to Respondent No.2 in the event that the
LOC has been issued;"
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 Bank of Baroda and/or
Central Bank of India and/or Indian Bank is hereby quashed and set
aside.
MAY 08, 2024
Ashwini Vallakati
9-OSWP-12704-2022+.doc
4. The Bureau of Immigration will ignore and not act upon any
LOCs issued at the instance of the Bank of Baroda and/or Central Bank
of India and/or Indian 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.
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.
MAY 08, 2024
Ashwini Vallakati
9-OSWP-12704-2022+.doc
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 08, 2024
Ashwini Vallakati
