Rihen Harshad Mehta v. Union Of India

by VARSHA VIJAY RAJGURU Date:

2025.05.27 19:33:16 +0530 VARSHA VIJAY RAJGURU

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7771 OF 2025 IN WRIT PETITION NO. 4356 OF 2021 Rihen Harshad Mehta ...Applicant/Petitioner vs.

Union of India and Others ... Respondent Mr. Anoshak Daver a/w. Mr. Burjis Doctor, Ms. Ravina Rajpal, Ms. Archi Gala, Mr. lavnish K. Sharma i/b. UMH and Associates for Applicant Ms. Rui A. Rodreigues a/w. Mr. D.P. Singh for Respondent No.1UOI. Mr. A.I. Patel, Addl. GP a/w. K.N. Solunkhe, AGP for the State. Ms. Niyati Merchant (through VC) for Respondent No.4. CORAM : GAURI GODSE AND SOMASEKHAR SUNDARESAN, JJ.

DATED : 27th MAY 2025 (VACATION COURT) ORDER:

1.

This interim application seeks suspension of the Look Out circular issued by the Bank of Baroda in connection with the approval proposed to be undertaken by the applicant from 31st May Page no. 1 of 5

2025 to 21st July 2025; and from 20th September 2025 to 20th October 2025.

2.

It is seen from the record that this applicant was one of the petitioners in respect of whom a learned Division Bench of this court quashed Look Out Circulars and the office memorandum, dealing with multiple writ petitions by judgment dated 23rd April 2024. Vide order dated 12th August 2024, the Hon'ble Supreme Court varied the findings passed in the aforesaid judgment, which necessitates the filing of this application for the travel as proposed. 3.

Considering this is a vacation bench, although the request is for travel from time to time to multiple destinations between May 2025 and October 2025, at this stage, taking into account the track record of the travel by of the petitioner, the permission to travel is granted in respect of the proposed travel between 31st May 2025 and 21st July 2025. The proposed iternary referred to above is set out in paragraph no. 5 of the Interim Application. Considering the right to travel outside India is recognized as an integral part of the fundamental right under Article 21 of the Constitution of India, we are of the opinion that the applicant can be permitted to travel to Thailand and United States of America and return via Thailand back to India between 31st May 2025 and 21st July 2025, subject to the Page no. 2 of 5

following terms and conditions:

a) The applicant shall file an undertaking with the registry of this court setting out a detailed itinerary of his travel including the flight details and the hotel where he would be staying along with all other contact details. This undertaking shall also state that the applicant shall return to India on 22nd July 2025 from Thailand; b) The applicant shall also file an undertaking stating that he will not apply for renewal or extension of this order until he returns to India;

c) A copy of the undertaking shall be served on the advocate for Bank of Baroda, before the first date of departure scheduled on 31st May 2025;

d) Within one week of returning to India, namely within one week from 22nd July 2025, the applicant shall file an undertaking setting out the expenses incurred by him during the above travel and the source of income used for funding the said expenses. This affidavit shall also be served on the advocates for Bank of Baroda within one week from today;

4.

Subject to the above conditions, the Look Out Circular issued Page no. 3 of 5

at the instance of Bank of Baroda against the applicant is suspended upto 22nd July 2025. 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/Court/Bank. 5.

The immigration authorities at all ports of departure, including all airports, will permit the Applicant/Petitioner passage and permit the Applicant/Petitioner to take his flights out of the country irrespective of whether Bank of Baroda has notified them and irrespective of whether this suspension is noted in the immigration authorities' systems or otherwise 6.

The immigration authorities will not insist upon a certified copy of this order but will act on presentation of an authenticated or 7.

Personal Assistant of this Court. All concerned will act on production 8.

Since, the application is being partially dealt with, the interim application is not finally disposed of. The applicant is at liberty to Page no. 4 of 5

move before the regular bench after reopening for rest of the travel permission covered by the applicant.

(SOMASEKHAR SUNDARESAN, J.) (GAURI GODSE, J.) Page no. 5 of 5