Kishore Biyani vs Deputy Director Bureau Of Immigration
2024 Latest Caselaw 14775 Bom

Bombay High Court

Kishore Biyani vs Deputy Director Bureau Of Immigration on 8 May, 2024

Author: B. P. Colabawalla

Bench: B. P. Colabawalla

2024:BHC-OS:7673


                                                                            14.WPL.26043.2023.doc



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION


                                     WRIT PETITION (L) NO.26043 OF 2023
                                                    ALONG WITH
                                   INTERIM APPLICATION NO.3625 OF 2023
                                                         IN
                                     WRIT PETITION (L) NO.26043 OF 2023


             Kishore Biyani                                                 ...Petitioner

                        Versus

             Deputy Director Bureau of Immigration & Ors.                   ...Respondents



                 Mr. Ankit Lohia with Ranjeev Carvello, Petrushka Dasgupta,
                 Mrudul Yadav, Kewal Buddhdev, Devdatta Vakil i/b. Link Legal,
                 Advocates for Petitioner/Applicant.

                 Ms. Rathina Marvarman with Akanksha Hambir, Advocate for
                 Respondent No.2


                                 CORAM         : B. P. COLABAWALLA &
                                                   SOMASEKHAR SUNDARESAN, JJ.

                                 DATE          : MAY 08, 2024

            PC :

1. The above Writ Petition is filed seeking the following reliefs:

"a. This Hon'ble Court may be pleased to issue a Writ of certiorari or any other writ,

MAY 08, 2024 Ashwini Vallakati

14.WPL.26043.2023.doc

order or direction in the nature of certiorari calling for record and proceedings from the respondents in respect of the issuance of Look of Circular against the present petitioner and after going into the legality, validity, and propriety of the Look of Circular (LOC) issued against the present petitioner, be pleased to quash and set aside the same."

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

and/or Bank of Baroda 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 and/or Bank of

Baroda 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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14.WPL.26043.2023.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 disposal of the above Writ Petition, any Interim

Applications filed therein, do not survive 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 08, 2024 Ashwini Vallakati