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2025 Supreme(Online)(GUJ) 2941
HIGH COURT OF GUJARAT
MR. JUSTICE ANIRUDDHA P. MAYEE, J
PRITAM HEMRAJ OSWAL – Appellant
Versus
MINISTRY OF HOME AFFAIRS – Respondent
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 8042 of 2024
The court granted permission for the applicants to travel abroad, emphasizing compliance with conditions to ensure their return, balancing personal rights against financial obligations.
Headnote:(A) Civil Procedure - Application for permission to travel abroad - Look Out Circular (LOC) - Applicants sought permission to travel from India to Turkey during their minor son's summer vacation, challenging the LOC issued against them. The court considered the applicants' compliance with conditions and the necessity of their return. (Paras 1-6)
(B) Conditions for travel - The court imposed conditions including filing an undertaking, depositing a sum, and restrictions on financial transactions abroad. (Paras 6-7)
Facts of the case:
The applicants, original petitioners, challenged the LOC issued against them while seeking permission to travel abroad for a family vacation. They provided flight tickets and itinerary.
Findings of Court:
The court allowed the application for travel, subject to specific conditions to ensure compliance and return.
Issues: The main issues included the validity of the LOC and the conditions under which the applicants could travel abroad.
Ratio Decidendi: The court emphasized the need for compliance with conditions to ensure the applicants' return and the necessity of balancing the applicants' rights against the respondents' concerns.
Result: Civil Application stands allowed on the terms and conditions stated.
IA ORDER
1. By way of present civil application, the applicants herein have prayed for the following reliefs:
“12(A) YOUR LORDSHIPS BE PLEASED to admit this application;
(B) YOUR LORDSHIPS BE FURTHER PLEASED to allow this Application as and by way of permitting the present Applicants to travel from Surat/ Mumbai (India) to Istanbul, Turkey for a period of 2 weeks, in the Month of May-June, 2025 i.e. during the Summer Vacation of their minor Son Reyaan, tentatively between 15th May, 2025 to 24th May, 2025;
(C) YOUR LORDSHIPS BE FURTHER PLEASED to stay the implementation, execution and operation of the Look Out Circular (LOC) issued against the Applicants for the said period between 15th May, 2025 to 24th May, 2025;
(D) YOUR LORDSHIPS BE FURTHER PLEASED to direct the Respondent Nos. 1 to 8 not to restrict the present Applicants' from travelling from Surat/ Mumbai (India) to Istanbul, Turkey for a period of 2 weeks, in the Month of May - June, 2025 ie. during the Summer Vacation of their minor Son Reyaan, tentatively beetween 15th May, 2025 to 24th May, 2025;
(E) YOUR LORDSHIPS BE FURTHER PLEASED to direct Respondent Nos. 1 to 8 to expunge any remarks or endorsements or entries that might have been entered in their records or passport of the Applicants with respect to the Look Out Circular (LOC) issued against them temporarily in order to permit the Applicants to travel abroad;”
2. The present applicants are the original petitioners, who has preferred the petition being Special Civil Application No.8042 of 2024, wherein, the present applicants – original petitioners have challenged the impugned Look Out Circular (LOC) issued by the respondents.
3. By way of the present civil application, the applicants herein seek permission to travel from Surat/Mumbai (India) to Istanbul, Turkey for a period of 2 weeks in the month of May- June 2025 during the Summer Vacation of their minor son Reyaan tentatively between 15th May, 2025 to 24th May, 2025. The applicants herein have also booked their respective flight tickets. The itinerary and flight tickets and other documents are duly produced with the present application.
4. Heard Mr. Aditya C. Yagnik, learned advocate appearing for the applicants, Mr. Bhaskar Sharma, learned advocate appearing for the respondent Nos. 2 and 3 - Bank and Ms. Hetal Patel, learned Assistant Government Pleader appearing for the respondent No. 8- State.
4.1 Mr. Aditya C. Yagnik, learned advocate submitted that the applicants herein are seeking the aforesaid permission to travel abroad for the period stated herein above, during the Summer Vacation of their minor son Reyaan. He also submitted that the applicants herein do undertake to comply with the conditions that may be imposed by this Court. The permission to travel abroad be granted for the reasons as stated in the application.
5. Mr. Bhaskar Sharma, learned advocate appearing for the respondent Nos. 2 and 3 – Bank submitted that the present application may not be considered by this Court, considering the fact that the respondent Nos. 2 and 3 herein apprehend that the applicants herein may not be returned, as the petitioners - applicants are in arrears due and payable to the respondent No. 2 and 3.
6. Considering the aforesaid facts, in the opinion of this Court, the present application preferred by the applicants herein for the relief, as prayed for, requires consideration. Considering the aforesaid submissions advanced by the learned advocates appearing for the respective parties, the applicants herein are seeking permission to travel abroad for the period as referred to in the prayer clause and considering the itinerary duly produced with the present application, this Court deems it fit to allow the present application granting permission to travel from Surat/Mumbai (India) to Istanbul, Turkey for a period between 15th May, 2025 to 24th May, 2025, on the following conditions:
(a) The lookout circular issued at the instance of the respondent nos. 2 and 3 – Bank, shall not
