The High Court of Bombay granted interim leave to an applicant prohibited by a Look Out Circular (LOC) to travel to the UK from July 11 to July 27, 2022, subject to conditions complying with prior orders.
Leave to travel overseas to the UK from 11th July 2022 to 27th July 2022 was granted, and the LOC was stayed during this period subject to undertakings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
902-OSIA-2573-2022.DOC
Sonali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2573 OF 2022
IN
WRIT PETITION (L) NO. 18651 OF 2022
Dinanath Soni …Applicant Versus Union of India & Ors …Respondents
Dr Birendra Saraf , Senior Advocate , with Aniket Ranade, i/b Preet Chheda, for the Applicant.
Mr YS Bhate , with Ajinkya Jaibhave, for the Respondent Nos.1 & 3 (UOI).
Mr Anant Bamne , i/b AR Bamne & Co, for Respondent No.2 (Bank of Baroda)
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2022.06.28
10:28:31
+0530
PC:-
CORAM G.S. Patel & Madhav J. Jamdar, JJ. DATED: 23rd June 2022
1. The Applicant seeks leave to travel overseas despite the existence of a Look Out Circular or LOC issued against the Applicant. The Applicant desires to travels overseas to United Kingdom from 11th July 2022 to 22nd July 2022. Details of the travel programme are annexed to the IA. By a previous order of 15th March 2022 at Exhibit “E” at page 20 we granted the Applicant
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902-OSIA-2573-2022.DOC
such leave for an earlier travel schedule. He availed that permission and has returned to India. The present proposed travel is for work purposes.
2. In view of the history of the matter, we will grant the Applicant’s request until 27th July 2022 subject to the same terms and conditions as were imposed earlier. We permit the Applicant to travel overseas for a period from 11th July 2022 till 27th July 2022. The other terms and conditions previously imposed will apply. viz.,
3. Subject to these conditions, the LOC in question against the Applicant is stayed until 27th July 2022.
4. The immigration authorities at all ports of departure including all airports will permit the Applicant passage and permit the Applicant to take his flights out of the country irrespective of whether the bank that requested the LOC has notified them or not and irrespective of whether this order of stay is noted in the immigration authorities’ systems or not.
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902-OSIA-2573-2022.DOC
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. This order will dispose of the present IA. No costs.
7. Within two weeks, for statistical purposes, the Writ Petition are to be finally numbered.
(Madhav J. Jamdar, J)
(G. S. Patel, J)
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23rd June 2022
1 issue framed by the court
Whether an applicant facing a Look Out Circular can be granted leave to travel overseas.
Dinanath Soni
Union of India
G.S. Patel
Madhav J. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court