Bombay High Court
Maruti Nivrutti Navale vs Union Of India Thr. Commissioner ... on 8 May, 2024
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
Digitally signed
by ASHWINI
2024:BHC-AS:21712-DB
ASHWINI JANARDAN
VALLAKATI
JANARDAN Date:
VALLAKATI 2024.05.09
23:13:37
+0530 8-OSWP-11420-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11420 OF 2022
Maruti Nivrutti Navale ...Petitioner
Versus
Union of India through Commissioner
(Immigration) & Anr ...Respondents
Mr. V.P. Sawant, Senior Advocate, a/w N.S. Dhumal, Advocates
for the Petitioner.
Mr. S.K. Halwasia, a/w Deepak Shukla, Advocates for
Respondent No.1-UoI.
Mrs. Rathina Maravarman (through V.C.), a/w Akanksha
Hambir, Advocates for Respondent No.2-Bank of Baroda.
CORAM : B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN, JJ.
DATE : MAY 08, 2024
PC :
1. The above Writ Petition is filed seeking the following reliefs:
"a) That this Hon'ble court may be pleased to
issue a Writ of certiorari or any other Writ, order or
direction in the nature of certiorari calling for
record and proceedings from the respondents in
respect of issuance of Look Circular against the
MAY 08, 2024
Ashwini Vallakati
8-OSWP-11420-2022.doc
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 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 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.
5. We, however, clarify that this order will not and does not
affect any existing restraint order issued by a competent authority,
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Ashwini Vallakati
8-OSWP-11420-2022.doc
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 08, 2024
Ashwini Vallakati
