Dr. Sunanda Maruti Navale v. Union Of India Through Commissioner (Immigration) The Bureau Of Immigration And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.18202 OF 2023 IN WRIT PETITION NO. 10669 OF 2023 ANJALI TUSHAR ASWALE ANJALI TUSHAR ASWALE Date: 2023.12.22 18:10:45 +0530 Dr. Sunanda M. Navale ..Applicant/Orig.Petitioner
Versus
Union of India & Anr ..Respondents Mr.V. P. Sawant, Senior Advocate, with Mr.Nitin Dhumal, Advocates for the Applicant/Petitioner. Mr.Anjani Kumar Singh, Advocates for Respondent No.1.
Ms.Shama Shekh i/b Rathina Maravarman, Advocates for Respondent No.2- Bank of Baroda.
CORAM
: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.
DATE : DECEMBER 20, 2023 P.C.
This Interim Application is filed by the Applicant/Petitioner seeking permission to travel to UAE from 2nd January, 2024 to 18th January, 2024 for the purposes of visiting the New Year Business Gala in Dubai and to visit existing business schools in Dubai as more particularly set out in paragraph 5 of the Interim Application. This Interim Application is necessitated because a Look Out Circular has been issued against the
Applicant/Petitioner at the instance of Bank of Baroda, and which circular is also impugned in the above Writ Petition. Considering that the Applicant/Petitioner has been granted permission in the past also to travel abroad and she has returned back to India without breaching any of the terms and conditions imposed upon her, we are of the opinion that she can be permitted to travel to UAE from 2nd January, 2024 to 18th January, 2024 , subject to the following conditions:- (a) The Applicant/Petitioner shall file an undertaking in this Court that she will strictly adhere to the itinerary more particularly as set out in Exhibits C & D to the above Interim Application and return back India on or before 19th January, 2024.
(b) The Applicant/Petitioner shall file a separate undertaking stating therein that she shall not apply for renewal or extension of this order until she returns back to India. (c) Both the aforesaid undertakings shall be served on the advocates for Bank of Baroda before the date of departure. (d) Within one week of returning to India, namely, within one week from 19th January, 2024, the Applicant/ Petitioner shall file an affidavit setting out the expenses incurred by her during the above travel and the source/s of income used for
funding the said expenses with necessary proof. This affidavit shall also be served on the Advocates for Bank of Baroda within a period of one week from 19th January, 2024.
Subject to above conditions, the Look Out Circular issued at the instance of Bank of Baroda against the Applicant/Petitioner stands suspended upto 19th January, 2024. It is clarified that this order does not apply to any other Look Out Circular and/or restraint order, if any, issued by any other Authority/Agency/Bank/Court.
The immigration authorities at all ports of departure, including all airports, will permit the Applicant/Petitioner passage and permit the Applicant/Petitioner to take her flights out of the country irrespective of whether Bank of Baroda have notified them or not and irrespective of whether this permission is noted in the immigration authorities' systems or otherwise. The immigration authorities will not insist upon a certified copy of this order but will act on presentation of an
The Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act order.
[SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]