Nihar N. Parikh v. Union Of India And 16 ORS

Ashwini V

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1021 OF 2023 IN WRIT PETITION NO. 3056 OF 2022 Nihar N Parikh ...Applicant In the matter between Nihar N Parikh

...Petitioner

Versus

Union of India & Ors

...Respondents

Mr Chirag Sarawagi, with Dipali Majethiya, i/b Tushar Goradia, for the Applicant/original Petitioner in IAL/5553/2023 in WP/3056/2022.

Mr DP Singh, for Respondents Nos.1, 3-UOI.

Mr Yahya Batatawala, with Uma Chatterjee, i/b Meghna Rao, for Respondent No.4 in IA/1021/2023 in WP/3056/2022. Mr Saurabh Mandlik, i/b Vaishali Bhilare, for Respondent No. 5. Ms Harsha Sharma, i/b Nahush Shah Legal, for Respondents Nos. 6 to 9 & 10 to 15 in IA/1021/2023.

Ms Saheli Koli, i/b Deepak Saxena, for Respondent No.10- UBI. Ms Akansha Hambir, with Aishwarya Katkar, i/b Rathina Maravarman, for Respondent No.16-Central Bank of India in IA/1021/2023 IN WP/3056/2022.

Mr TN Tripathi, for Respondent No.17 in IA/1021/2023. Mrs Uma Palsuledesai, AGP, for the Respondent-State.

CORAM

G.S. Patel & Neela Gokhale, JJ.

DATED:

PC:- 1.

The Petitioner is facing Look Out Circulars or LOCs issued by one or more of a consortium of banks, Respondents Nos. 5 to 16. On 12th April 2022, 25h April 2022, 14th September 2022, 6th October 2022, 17th November 2022, 6th January 2023 and 7th February 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. 2.

The present application is for leave to travel to the United Arab Emirates and United States of America between 11th March 2023 and 26th March 2023. Since leave has been previously granted and the Petitioner has returned to India, we grant the petitioner permission and allow the application subject to the usual conditions, viz.:- (a) the Petitioner is to file an undertaking to return to this country at the end of this period, if not already done; (b) the Petitioner is to file a detailed itinerary with his contact details and addresses overseas, if not already done;

(c) 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.

3.

Subject to these conditions, the LOCs in question against the Petitioner are stayed until 27th March 2023.

4.

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 consortium of banks have notified them or not and irrespective of whether this suspension is noted in the immigration authorities' systems or not.

5.

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.

6.

The Interim Application is disposed of in these terms. No Costs.

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