Lalit Jethanand Dharmani v. Union Of India Through The Ministry Of Home Affairs And 3 ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.3028 OF 2024 IN WRIT PETITION NO.2029 OF 2024 Lalit J. Dharmani ] .. Applicant-Petitioner Vs.
1. Union of India, ] Through the Ministry of Home Affairs, New Delhi ]
2. Central Bureau of Investigation, ] Government of India, Mumbai.
]
3. MD & CEO of Bank of Baroda, ] Bandra (East), Mumbai.
]
4. State of Maharashtra ] Through Office of Government Pleader ] .. Respondents Mr. Anand Pai with Mr. Arun Panicker, Mr. Sahil Sayyed and Mr. Vinay Nair, Advocates for the Applicant-Original Petitioner. Ms. Savita Ganoo with Mr. D.P. Singh, Advocates for Respondent No.1UOI. Mr. Kuldeep Patil, Advocate for Respondent No.2-CBI. Ms. Avantika Kadapatti, Advocate, i/by MDP Legal, for Respondent No.3. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 11TH OCTOBER, 2024.
P.C. :
1.
Heard learned counsel for the parties.
2.
By this application, the applicant-petitioner seeks leave to travel to Dubai during the period from 17th October 2024 to 27th October 2024 without regard to the Look Out Circular issued by respondent no.2 at the behest of respondent no.3. It is submitted that on an earlier occasion, this Court by the order dated 13th June 2024 had granted similar permission by imposing conditions indicated in paragraph 6 of that order. It is thus 1/3 Digitally signed by SNEHA ABHAY DIXIT Date:
2024.10.11 18:26:47 +0530 SNEHA ABHAY DIXIT
prayed that similar relief be granted for the period from 17th October 2024 to 27th October 2024.
3.
The learned counsel appearing for respondent no.2 has invited attention to the First Information Report with regard to an offence pending before the C.B.I. Court. However, on a query made to the learned counsel as to whether the applicant-petitioner had breached any conditions imposed in the earlier order, he submits that there is no grievance in that regard.
4.
Considering the aforesaid, we are inclined to permit the applicantpetitioner to travel to Dubai in terms of prayer clause (a) of the Interim Application on similar conditions as imposed by the order dated 13th June 2024. The Interim Application is allowed in terms of prayer clause (a), subject to the following conditions :- (i) The applicant-petitioner to file an undertaking that he would return to India at the end of this period. The affidavit be filed prior to leaving the country. (ii) The applicant-petitioner to file a detailed itinerary with his contact details and addresses overseas. (iii) The applicant-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.
Subject to the aforesaid, the Look Out Circular issued against the applicant-petitioner shall not operate till 28th October 2024. 6.
The Immigration Authorities at all Ports of Departure including all Airports will permit the applicant-petitioner passage and permit the 2/3
applicant-petitioner to take his flights out of the country irrespective of whether the respondents have notified them or not and irrespective of whether this suspension is noted in the Immigration Authorities' systems or not.
7.
The Immigration Authorities will not ask for a certified copy of this copy of this order.
8.
The Interim Application is disposed of.
[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 3/3