Prakash Mehta And ANR v. Union Of India And ANR
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1666 OF 2023 IN WRIT PETITION (L) NO. 12689 OF 2022 Prakash Mehta & Anr ...Applicants In the matter between Prakash Mehta & Anr
...Petitioners
Versus
Indian Bureau of Immigration through Union of India, the Ministry of Home Affairs & Anr
...Respondents
Mr Dharmesh Joshi, for the Applicant.
Ms Savita Ganoo, with DP Singh, for Respondent No. 1-UoI. Mr Harsh Seth, i/b MDP & Partners, for Respondent No. 2.+564
CORAM
G.S. Patel & Neela Gokhale, JJ.
DATED:
PC:- SHEPHALI SANJAY MORMARE SHEPHALI SANJAY MORMARE Date: 2023.04.27 11:03:51 +0530 1.
The Petitioner is facing Look Out Circulars or LOCs issued at the instance of the Bank of Baroda.
2.
On 28th April 2022, 15th September 2022 and 1st December 2022, 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 Hongkong from 5th May 2023 to 29th May 2023, the United States of America 30th May 2023 to 5th June 2023 and again to Hongkong from 6th June 2023 to 25th June 2023.
4.
In view of this, we permit the Petitioner to travel to Hongkong from 5th May 2023 to 29th May 2023, the United States of America 30th May 2023 to 5th June 2023 and again to Hongkong from 6th June 2023 to 25th 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.
The Petitioner is a Non-Resident Indian ("NRI") and by law he is required to stay outside the country at least 180 days in a year.
He is otherwise resident in Hongkong. We grant permission till 25th June 2023.
6.
Subject to these conditions, the LOCs in question against the Petitioner are stayed until 26th June 2023.
7.
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.
8.
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.
9.
The Interim Application is disposed of in these terms. No Costs.
(Neela Gokhale, J) (G. S. Patel, J)