Rihen Harshad Mehta v. Union Of India Through Ministry Of Home Affairs

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4029 OF 2023 IN WRIT PETITION NO. 4356 OF 2021 Rihen Harshad Mehta ...Applicant In the matter between Rihen Harshad Mehta

...Petitioner

Versus

Union of India through Ministry of Home Affairs & Anr

...Respondents

Ms Shahista Pathan, for the Applicant/Petitioner. Mr Rui Rodrigues, with DP Singh, for Respondents Nos. 1 and 2. Mrs AA Purav, AGP, for Respondent No. 3-State. Mr Nishit Dhruva, with Niyati Merchant & Harsh Sheth, i/b MDP & Partners, for Respondent No. 4-Bank of Baroda.

CORAM

G.S. Patel & Neela Gokhale, JJ.

DATED:

PC:- SHEPHALI SANJAY MORMARE SHEPHALI SANJAY MORMARE Date: 2023.04.27 12:22:24 +0530 1.

The Petitioner is facing Look Out Circulars or LOCs issued at the instance of the Bank of Baroda.

2.

On 9th December 2021, 30th March 2022, 8th September 2022, 20th October 2022, 18th November 2022 and 9th March

2023, 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 Thailand from 3rd May 2023 to 15th May 2023 and to the United States of America from 5th June 2023 to 28th June 2023. 4.

In view of this, we permit the Petitioner to travel to Thailand from 3rd May 2023 to 15th May 2023 and to the United States of America from 5th June 2023 to 28th June 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 29th June 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 Bank of Baroda 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.

(Neela Gokhale, J) (G. S. Patel, J)