Back
2023 Supreme(Bom) 1014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S. Patel, S.G. Dige, JJ.
Viraj Chetan Shah – Appellant
Versus
Union Of India & Anr. – Respondents
Interim Application (L) No. 377 of 2023 in Writ Petition No. 719 of 2020
Decided On : 18-01-2023
Karl Tamboly, Advocate, Sanaea Laskari, Advocate, Shlok Boda, Advocate, Sandesh D Patil, Advocate, Sandesh D Patil, Advocate, Dhanesh Shah, Advocate, Nishit Dhruva, Advocate, Prakash Shinde, Advocate, Niyati Merchant, Advocate, Yash Druva, Advocate, Harsh Sheth, Advocate
The court has the discretion to permit travel overseas and stay Look Out Circulars subject to specified conditions.
Headnote:
LOCs - Travel Permission - The court permitted the petitioner to travel overseas subject to certain conditions and stayed the Look Out Circulars (LOCs) until a specified date.
Fact of the Case:
The petitioner was facing Look Out Circulars issued by the Union Bank of India but had previously been permitted to travel overseas for different itineraries and dates, abiding by all conditions and undertakings. The current application sought leave to travel to Dubai and Oman for a specific period.
Finding of the Court:
The court permitted the petitioner to travel to specific destinations for a specified period, subject to conditions, and stayed the Look Out Circulars until a specified date.
Issues: Permission to travel overseas, conditions for travel, and stay of Look Out Circulars.
Ratio Decidendi: The court balanced the petitioner's request to travel overseas with the need to ensure compliance with conditions and undertakings, ultimately allowing the travel and staying the Look Out Circulars until a specified date.
Final Decision: The court granted permission for the petitioner to travel overseas, subject to conditions, and stayed the Look Out Circulars until a specified date.
JUDGMENT
1. The Petitioner is facing Look Out Circulars or LOCs issued at the instance of the Union Bank of India.
2. On 9th December 2021 and 29th March 2022, for a different itinerary and for different dates the Applicant was permitted to travel overseas. He returned to India thereafter and abided by all conditions and undertakings.
3. Presently, the application is for leave to travel to Dubai and Oman from 19th January 2023 to 18th February 2023.
4. In view of this, we permit the Petitioner to travel Mumbai-Singapore-Bali for the period from 19th January 2023 to 18th February 2023. This order will also be subject to the usual conditions, viz.:-
(i) the Petitioner is to file an undertaking to return to this country at the end of this period, if not already done;
(ii) the Petitioner is to file a detailed itinerary with his contact details and addresses overseas, if not already done;
(iii) The Petitioner must file an undertaking (if not already done) not to apply for renewal or extension of this order until he returns to this country.
5. Subject to these conditions, the LOCs in question against the Petitioner are stayed until 19th February 2023.
6. The immigration authorities at all ports of departure including all airports will permit the Petitioner passage and permit the Petitioner to take his flights out of the country irrespective of whether the Union Bank of India have notified them or not and irrespective of whether this suspension is noted in the immigration authorities' systems or not.
7. The immigration authorities will not ask for a certified copy of this order but will act on presentation of an authenticated or digitally signed copy of this order.
8. The Interim Application is disposed of in these terms. No Costs.
9. For statistical purposes, the Interim Application is to be finally numbered by 24th January 2023. The Registry will not insist on removal of office objections. The matter will first be finally numbered and then shown as disposed.
