2025 Supreme(Online)(Bom) 249234
HIGH COURT OF BOMBAY
HON'BLE SMT. JUSTICE BHARATI DANGREHON'BLE SHRI JUSTICE SHYAM C. CHANDAK
VISHAL SHAMLAL CHHABRIA – Appellant
Versus
THE UNION OF INDIA AND 2 ORS. – Respondent
IAL/41081/2025
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2025:BHC-OS:26636-DB
P.H. Jayani
16 IAL41081.2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 41081 OF 2025
IN
WRIT PETITION NO. 4909 OF 2024
Mr. Vishal Shamlal Chhabria …. Applicant
IN THE MATTER BETWEEN:-
Mr. Vishal Shamlal Chhabria …. Petitioner
V/s.
The Union of India & Ors. …. Respondents
Ms. Faiza A. Dhanani i/by Cue Legal for the Applicant.
Mr. Shubham Saraf i/by Mr. Pavan Patil, for the Respondent No.1-UOI.
Ms. Nazia Sheikh, AGP for the Respondent No.2-State.
Mr. Akshay Putharan (through V.C.), for the Respondent No.3-Bank of
Baroda.
CORAM : BHARATI DANGRE &
SHYAM C. CHANDAK, JJ.
DATED : 24th DECEMBER, 2025
P.C. :-
1) Present Interim Application filed in the aforesaid Writ Petition,
seeks direction to permit the Applicant/Petitioner to travel abroad i.e., to
Bangkok, Thailand from 29/12/2025 to 02/01/2026 as per the itinerary
annexed at Exhibit – B.
2) Heard learned Counsel for the respective parties.
3) We have perused the Application. It states that the
Applicant/Petitioner is desirous to travel abroad to attend business meetings.
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The learned Counsel for the Respondents opposed the
Application.
4) The Application deserves to be entertained in the wake of the
interim directions issued by the Apex Court in Special Leave to Appeal (C)
Nos.17194 and 17230/2024 raising a challenge to the Order passed by the
Division Bench where it held that the Bank has no power to issue a Look Out
Notice and the Apex Court, by way of an interim Order, has directed the
Applicant/Petitioner who is desirous of traveling abroad to approach the High
Court and obtain requisite permission.
5) It is in the wake of the aforesaid circumstances, the Application is
filed seeking the requisite permission with a specific pleading that, earlier, on
several occasions, the Applicant was permitted to travel abroad on furnishing
his itinerary of travel and accordingly, he had travelled abroad and returned
back to India within the timeline that was specified.
6) In view of the above and the observations in the earlier Orders,
we are inclined to allow this Application and pass the following Order :-
(a) The Applicant is permitted to travel to Bangkok,
Thailand from 29/12/2025 to 02/01/2026 strictly in accordance
with the Schedule for travel – Exhibit – B to attend business
meetings.
(b) The Applicant shall file an undertaking in this
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Court within three working days setting out a detailed itinerary
of the above travel including the airline tickets, addresses of the
hotels where he would be staying during the above travel, along
with other contact details. This undertaking shall also state that
the Applicant shall return to India 02/01/2026.
(c) The Applicant shall also file another undertaking
within three working days stating that he would not apply for
renewal and/or extension of this Order until he returns to India.
(d) Both the aforesaid undertakings shall also be
furnished to the Advocate for Respondent - Bank before the date
of departure.
7) Subject to the above conditions, the Look Out Circular issued by
the Respondent No.3 – Bank of Baroda against the Applicant/Petitioner is
suspended upto 02/01/2026.
8) The Immigration Authorities at all Ports of Departure including
all Airports will permit the Applicant’s/Petitioner’s passage and allow him to
take his flights out of the country irrespective of whether the Respondent
No.3 (Bank of Baroda) intimates the immigration Authorities about the travel
permission.
9) The Immigration Authorities shall not insist upon a certified
copy of this Order but will act on presentation of an authenticated or digitally
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signed copy of this Order.
10) The Interim Application