Disposed

Kunal Jiwarajka and 2 Other v. Union of India and 11 Other

Bombay HC29 Apr 2024WP/1740/2022

Case brief

AI extract

What is this about?

Petitioners challenged Look Out Circulars opened against them at the instance of Union Bank of India. Finding the issue covered by the Court's decision in Viraj Chetan Shah, the bench quashed and set aside the LOCs, directed Bureau of Immigration to ignore them, and disposed of the petition and interim applications without costs.

What did the court decide?

Impugned LOCs quashed and set aside; Bureau of Immigration directed to ignore and update databases.

Kunal Jiwarajka and 2 Other Vs Union of India and 11… — Writ and Judicial Review | Bombay HC (2024)

¶1

24-WP-1740-2022==.doc

¶2

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

¶3

Digitally signed by SHRADDHA SHRADDHA KAMLESH KAMLESH TALEKAR TALEKAR Date: 2024.05.02 12:28:14 +0530

¶4

WRIT PETITION NO. 1740 OF 2022 WITH INTERIM APPLICATION (LODG.) NO. 10969 OF 2022 WITH INTERIM APPLICATION NO. 2623 OF 2023 IN WRIT PETITION NO. 1740 OF 2022

¶5

Kunal Jiwarajka

¶6

& 2 Ors. .. Petitioners

¶7

Versus

¶8

Union of India Through the Ministry of Home Affairs …Respondents (Foreigners’ Division) & 11 Ors.

¶9

WITH INTERIM APPLICATION NO. 25134 OF 2022 IN WRIT PETITION NO. 1740 OF 2022

¶10

Mr.Dharam Jumani a/w. Mihir Nerurkar and Sneha Vani i/b Sneha Vani Marjadi, , Advocate for Petitioner/Applicant.

¶11

Mr.D.A. Dube a/w. Mr.D.P. Singh, Advocate for Respondent No.1-UOI.

¶12

Ms.Uma Palsule-Desai, AGP for Respondent No.2 -State.

¶13

Mr.Jamshd Ansari, Advocate Respondent No.3.

¶14

Mr.Sameer Pandit a/w. Sarah Khambatti & Jai Sanyal i/b Wadia Ghandy & Co., Advocate for Respondent No.6.

¶15

Mr.Harsh Sheth i/b MDP & Partners, Advocate for Respondent No.12RBL Bank.

¶16

Page 1 of 3 April 29, 2024

¶17

Shraddha Talekar, PS

¶18

24-WP-1740-2022==.doc

¶19

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

¶20

DATE : APRIL 29, 2024.

¶21

P C :

¶22

The above Writ Petition is filed inter alia challenging the impugned Look Out Circulars issued/opened against the Petitioners at the instance of Respondent No.3 (Union Bank of India).

¶23

We find that the issue raised in the above Writ Petition is squarely covered by the decision of a Division Bench of this Court in the case of Viraj Chetan Shah Vs. Union of India through the Ministry of Home Affairs & Anr.¹ .

¶24

In these circumstances, the impugned Look Out Circulars issued at the instance of Union Bank of India (Respondent No.3) are hereby quashed and set aside.

¶25

The Bureau of Immigration will ignore and not act upon any LOCs issued by Union Bank of India against the present Petitioners. All databases will be updated accordingly. We direct the Bureau of

¶26

1 Writ Petition No.719 of 2020 & connected matters decided on 23^rd April 2024.

¶27

Page 2 of 3 April 29, 2024

¶28

Shraddha Talekar, PS

¶29

24-WP-1740-2022==.doc

¶30

Immigration or the Ministry of Home Affairs to do the needful in this regard.

¶31

We clarify that this order will not and does not affect any existing restraint order issued by a competent authority, court, tribunal or investigative or enforcement agency or an enforcement of any order of a court. Where any court or tribunal has issued a restraint order (even at the instance of a public sector bank), that order will continue to operate and the invalidation of the present LOCs cannot and will not affect such orders.

¶32

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

¶33

In view of disposal of the Writ Petition, any Interim Applications filed therein, do not survive and the same are disposed of accordingly.

¶34

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.

¶35

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

¶36

Page 3 of 3 April 29, 2024

¶37

Shraddha Talekar, PS

Kunal Jiwarajka and 2 Other v. Union of India and 11 Other

Case brief

What is this about?

What did the court decide?

Kunal Jiwarajka and 2 Other v. Union of India and 11 Other

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Mrs. Vaishali Harshad Deshpande Vs Mr. Harshad Mukund Dehspande

Mrs. Vaishali Harshad Deshpande Vs Mr. Harshad Mukund Dehspande

Mr. Harshad Mukund Deshpande Vs Ms. Vaishali Harshad Deshpande

Jiteshbhai Bhagwanbhai Kajavadra vs Bureau of Immigration and 2 Ors.

Bank of Baroda vs Union of India through the Ministry of Corporate Affairs

Indian Bank (E-Allahabad Bank) vs the Debts Recovery Tribunal-Ii, Mumbai