Allowed

Rihen Harshad Mehta v. Union of India

Bombay HC19 Dec 2023IA/17992/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay permitted an interim application by Rihen Harshad Mehta, an applicant in a writ petition, to travel to Thailand. The court suspended the Look Out Circular against him issued by Bank of Baroda subject to strict undertakings regarding itinerary, funding, and return by a specified date.

What did the court decide?

Permission granted to travel to Thailand with undertakings and suspension of the Look Out Circular until 8th January 2024.

Rihen Harshad Mehta Vs Union of India — Constitutional and Fundamental Rights | Bombay HC (2023)

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Digitally signed by AARTI AARTIGAJANAN GAJANANPALKAR PALKARDate:2023.12.20 15:14:43 +0530

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8.IA.17992.2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.17992 OF 2023 IN WRIT PETITION NO.4356 OF 2021

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Rihen Harshad Mehta ....Applicant IN THE MATTER BETWEEN Rihen Harshad Mehta ....Petitioner

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Versus

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Union of India & Ors. ....Respondents

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Ms Shaista pathan a/w. Ms Vasudha Gupta i/b. Y & A Legal, Advocates for the Applicant/Petitioner.

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Mr. Rui Rodrigues a/w. Mr. D.P. Singh , Advocates for Respondent No.1-UOI.

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Mr. Harsh Sheth i/b. MDP Partners, Advocate for Respondent No.4-BOB.

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Mr. P.P. Kakade, GP a/w. Mr. A.I. Patel, Addl. G.P. a/w. Smt. P.N. Diwan, AGP for Respondent -State.

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CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

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DATE : DECEMBER 19, 2023

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P. C.

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This Interim Application is filed by the Applicant/Petitioner

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seeking permission to travel to Thailand from 24^th December, 2023

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Page 1 of 4 DECEMBER 19, 2023

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Aarti Palkar

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8.IA.17992.2023.doc

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to 7^th January, 2024 for meeting his sister as well as for business purpose.

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This Interim Application is necessitated because a Look Out Circular has been issued against the Applicant/Petitioner at the instance of Bank of Baroda, and which Look Out Circular is also assailed in the above Writ Petition.

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Considering that the Applicant/Petitioner has been granted permission to travel abroad on several previous occasions and he has returned back to India without breaching any of the terms and conditions imposed upon him, we are of the opinion that the Applicant/Petitioner can be permitted to travel to Thailand from 24^th December, 2023 to 7^th January, 2024 subject to the following terms and conditions :-

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(a) The Applicant/Petitioner shall file an undertaking in this Court setting out a detailed itinerary of his travel including the flight details and the hotels where he would be staying along with all other contact details. This undertaking shall also state that the Applicant/Petitioner shall return back to India on or before 8^th January 2024.

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(b) The Applicant/Petitioner shall also file an undertaking stating that he will not apply for renewal or extension of this order until he returns back to India.

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Page 2 of 4 DECEMBER 19, 2023

Aarti Palkar

8.IA.17992.2023.doc

(d) The Applicant/Petitioner shall travel by economy class.

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(e) Within 1 week of returning to India, namely, within 1 week from 8^th January 2024, the Applicant/Petitioner shall file an affidavit setting out the expenses incurred by him during the above travel and the source/s of income used for funding the said expenses alongwith the necessary proof. This affidavit shall also be served on the Advocates for Bank of Baroda within 1 week from 8^th January 2024.

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Subject to above conditions, the Look Out Circular issued at the instance of Bank of Baroda against the Applicant/Petitioner is suspended upto 8^th January 2024. 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.

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

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Page 3 of 4 DECEMBER 19, 2023

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Aarti Palkar

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8.IA.17992.2023.doc

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

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The Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs.

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This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

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[SOMASEKHAR SUNDARESAN, J.] [B.P. COLABAWALLA, J.]

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Page 4 of 4 DECEMBER 19, 2023

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Aarti Palkar

Rihen Harshad Mehta v. Union of India

Case brief

What is this about?

What did the court decide?

Rihen Harshad Mehta v. Union of India

Case brief

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