Sachin Chandravadhan Doshi v. Union Of India Thr. The Ministry Of Home Affairs And ORS

by AARTI GAJANAN PALKAR Date:

2024.05.09 18:30:32 +0530 AARTI GAJANAN PALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1681 OF 2024 WITH INTERIM APPLICATION (L) NO.8694 OF 2024 IN WRIT PETITION NO.1681 OF 2024 Sachin Chandravadhan Doshi

...Petitioner/Applicant

Versus

Union of India & Ors.

...Respondents

Mr. Chetan Alia a/w. Rama Somant, Ashutosh Karangutkar, Advocates for Petitioner/Applicant.

Mr. Anjani Kumar Singh, Advocate for Respondent Nos.1 & 2. Mr. Prashant Shinde i/b. Anant Shinde & Co. for Respondent No.3-Bank of Baroda.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : MAY 08, 2024 P. C.

1.

The above Writ Petition is filed seeking the following reliefs :- "a) That this Hon'ble Court may be pleased to quash and or set aside the Impugned Circular issued by the Respondent No.2 on the instance of Respondent No.3;

b) That this Hon'ble Court be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate Writ, order and or direction commanding the Respondents to refrain forthwith from acting upon and on in pursuant of the impugged Look Out Circular:"

2.

We find that the issue raised in the above Writ Petition is squarely covered by the decision of a Division Bench of this Court in the case of Viraj Chetan Shah Vs. Union of India through the Ministry of Home Affairs & Anr.1 3.

In these circumstances, the Petition succeeds and the Look Out Circular issued against the Petitioner at the instance of Bank of Baroda is hereby quashed and set aside.

4.

The Bureau of Immigration will ignore and not act upon any LOC issued by Bank of Baroda against the present Petitioners. All databases will be updated accordingly. We direct the Bureau of Immigration or the Ministry of Home Affairs to do the needful in this regard.

5.

We, however, clarify that this order will not and does not affect any existing restraint order issued by a competent authority, court, tribunal or investigative or enforcement agency, or an Writ Petition No.719 of 2020 & connected matter decided on 23rd April, 2024.

enforcement of any order of a court. Where any court or tribunal has issued a restraint order (even at the instance of a public sector bank), that order will continue to operate and the invalidation of the present LOC cannot and will not affect such orders.

6.

The Writ Petition is disposed of in the aforesaid terms. However, there shall be no order as to costs. 7.

In view of disposal of the above Writ Petition, any Interim Applications filed therein, do not survive and the same are disposed of accordingly.

8.

This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on [SOMASEKHAR SUNDARESAN, J.] [B.P. COLABAWALLA, J.]