Allowed

Lalit Jethanand Dharmani v. Union of India through the Ministry of Home Affairs and 3ORS

Bombay HC12 Jun 2024IA/1538/2024

Case brief

AI extract

What is this about?

The High Court allowed an interim application to grant the applicant leave to travel to London between 14th June and 4th July 2024 despite a Look Out Circular, imposing conditions regarding return and itinerary.

What did the court decide?

Leave granted to travel to London until 5th July 2024; Look Out Circular suspended subject to filing undertakings regarding return and itinerary.

Lalit Jethanand Dharmani vs Union of India through… — Writ and Judicial Review | Bombay HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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INTERIM APPLICATION NO.1538 OF 2024

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WRIT PETITION NO.2029 OF 2024

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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

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Mr. Anand Pai with Mr. Vinay Nair, i/by Mr. Arun Panickar, Advocates for the Applicant-Original Petitioner.

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Mrs. Savita Ganoo with Mr. D.P. Singh, Advocates for Respondent No.1UOI.

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Mr. Kuldeep Patil, Advocate for Respondent No.2-CBI.

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Mr. Darshit Rupda, Advocate, i/by MDP & Partners, for Respondent No.3. Smt. Jaymala Ostwal, Additional Government Pleader for Respondent No.4-State of Maharashtra.

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CORAM : A.S. CHANDURKAR &

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RAJESH S. PATIL, JJ

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DATE : 13^TH JUNE, 2024.

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P.C. :

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1. Heard.

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The learned counsel for the applicant-original petitioner has tendered a draft amendment seeking (i) change in the date “30^th June 2024” to “4^th July 2024” mentioned in paragraph (1) and prayer clause (a) of the Interim Application and (ii) the communication dated 11^th June 2024 has not been annexed.

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In view of the aforesaid, the amendment is allowed. The same be carried out forthwith.

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By this application, the applicant-petitioner seeks leave to travel to London for the period between 14^th June 2024 to 4^th July 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 13^th June 2023 had granted similar permission by imposing conditions indicated in paragraph 4 of that order. It is thus prayed that similar relief be granted for the period from 14^th June 2024 to 4^th July 2024.

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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.

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Considering the aforesaid, we are inclined to permit the applicantpetitioner to travel to London in terms of prayer clause (a) of the Interim Application on similar conditions as imposed by the order dated 13^th June 2023. The Interim Application is allowed in terms of prayer clause (a), subject to the following conditions :-

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(i) The 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.

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(ii) The petitioner to file a detailed itinerary with his contact details and addresses overseas.

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(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.

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Subject to the aforesaid, the Look Out Circular against the applicant-petitioner shall not operate till 5^th July 2024.

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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.

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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.

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The Interim Application is disposed of.

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Digitally signed by SNEHA SNEHAABHAY 10-IA-1538-2024.doc ABHAY DIXIT Dixit DIXIT Date: 2024.06.13 14:30:42 +0530

Lalit Jethanand Dharmani v. Union of India through the Ministry of Home Affairs and 3ORS

Case brief

What is this about?

What did the court decide?

Lalit Jethanand Dharmani v. Union of India through the Ministry of Home Affairs and 3ORS

Case brief

What is this about?

What did the court decide?

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