Vijay Goverdhandas Kalantri And Another v. Bank Of Baroda (Formerly Vijaya Bank) And 4 Others

9-OSIAL-7364-2023 IN WP-160-2023.DOC Gaikwad RD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 160 OF 2023 Vijay Goverdhandas Kalantri & Anr

...Petitioners

Versus

Bank of Baroda (Formerly Vijaya Bank) & Ors

...Respondents

WITH INTERIM APPLICATION (L) NO. 7364 OF 2023 IN WRIT PETITION NO. 160 OF 2023 Vijay Goverdhandas Kalantri & Anr ...Applicants In the matter between Vijay Goverdhandas Kalantri & Anr

...Petitioners

Versus

Bank of Baroda (Formerly Vijaya Bank) & Ors

...Respondents

Mr GS Godbole, Senior Advocate, with Nirav Shah, Yash B, i/b Little & Co, for the Petitioners/Applicants.

Mr Anant Bamne, i/b AR Bamne & Co, for the Respondents No. 1 to 3.

CORAM:

G.S. Patel & Neela Gokhale, JJ.

DATED:

11th April 2023 PC:- 1.

The learned Advocate for the 1st Respondent, the Bank of Baroda states that on a without prejudice basis the impugned orders of the Wilful Defaulters Identification Committee and the Review 11th April 2023

9-OSIAL-7364-2023 IN WP-160-2023.DOC Committee are withdrawn but seeks liberty to issue a fresh notice and to proceed further on the fresh notice in accordance with law. The statement and the submission are reasonable. 2.

The Petition is thus disposed of in these terms noting the withdrawal of the impugned orders and the underlying show cause notice. All contentions are left open.

3.

In view of disposal of Writ Petition, Interim Application (L) 7364 of 2023 pending therein also stands disposed of. 4.

Consequently, the Look Out Circular ("LOC") that got issued by the Bank of Baroda on the basis of the Wilful Defaulters orders will also require to be withdrawn and we note the undertaking of the Bank of Baroda to make the necessary application within a period of two weeks from today to the Bureau of Immigration to have that Look Out Circular withdrawn. 5.

Irrespective of whether that actually happens, in light of the above, the LOC in question issued by the Bank of Baroda against this Petitioner is quashed and set aside. We have not examined the merits of that aspect of the case, but are required to make this order since the LOC was on the basis of the orders that are now withdrawn.

(Neela Gokhale, J) (G. S. Patel, J) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2023.04.12 10:51:13 +0530 RAJU DATTATRAYA GAIKWAD 11th April 2023