Samir Pravin Shah v. The Bureau Of Immigration, Minister Of Home Affairs, Govt. Of India And ANR

Shiv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1768 OF 2022 IN WRIT PETITION STAMP NO.5450 OF 2021 Samir Pravin Shah ...Applicant

Versus

The Bureau of Immigration, Minister of Home Affairs, Government of India & Anr

...Respondents

by HEMANT CHANDERSEN SHIV Date:

2022.03.24 18:02:00 +0530 HEMANT CHANDERSEN SHIV Mr Kajal Singh, for the Applicant

CORAM

G.S. Patel & Madhav J. Jamdar, JJ.

DATED:

PC:- 1.

The Petitioner seeks a temporary stay of Look Out Circular "LOC" issued at the instance of the 2nd Respondent bank by or through the Bureau of Immigration preventing the Petitioner from travelling overseas on 24th July 2021.

2.

The Petition itself challenges the LOC issued by or at the instance of Bank of Baroda. A group of nearly 50 Petitions is being separately heard even now on the question of legality of the LOC or

similar LOCs and the ofÏce memoranda under which these a periodically issued.

3.

The Petitioner was not allowed to travel on 24th July 2021. He is in the diamond business. From 2013 to 2018 he travelled overseas frequently. The present proposed travel is from 25th March 2022 to 1st May 2022 to New York for business purposes. The Petitioner is an Indian citizen. He has family, assets and roots in India.

4.

We will proceed to make the same limited interim order on this Interim Application as we have made in other cases. 5.

The impugned LOC is stayed until 4th May 2022. The Immigration Authorities are required to allow the Petitioner to travel overseas. They will act on production of an authenticated certified copy of the order. They will permit the Petitioner to pass through immigration irrespective of whether the LOC status is updated and regardless of whether there is auto renewal or not. 6.

The Petitioner has already filed itinerary details. The Petitioner will file an AfÏdavit containing specific undertaking that the Petitioner will return to India as scheduled. 7.

No Application for extension will be entertained until the Petitioner has returned to India.

8.

The Interim Application is disposed of in these terms. (Madhav J. Jamdar, J) (G. S. Patel, J)