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Bombay High Court

Marufa Mazhar Faruqi vs Tata Institute Of Social Sciences And ... on 24 November, 2022

Author: Sharmila U. Deshmukh

Bench: G.S. Patel, Sharmila U. Deshmukh

                                                                                904-OSIWPL-35154-22.DOC




                              PatilSR



                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         ORDINARY ORIGINAL CIVIL JURISDICTION
                                        INTERIM APPLICATION (L) NO.35154 OF 2022
                                                                  IN
                                            WRIT PETITION (L) NO. 35148 OF 2022


                              Jiteshbhai Bhagwanbhai Kajavadra                            ...Applicant
                                     In the matter between
                              Jiteshbhai Bhagwanbhai Kajavadra                            ...Petitioner
                                     Versus
                              Bureau of Immigration & Ors                              ...Respondents


                              Mr Yash Jain, with P. Ranjan, Santosh Salekar i/b Halai & Co. for the
                                   Applicant.
                              Ms Smita Thakur, for Respondent Nos.1 and 3.


                                                      CORAM         G.S. Patel &
                                                                    Sharmila U. Deshmukh, JJ.

                                                      DATED:        24th November 2022
                              PC:-

1. In the present interim application, the Petitioner seeks an order of this Court permitting him to travel overseas despite issuance of Look Out Circular or LOC issued at the instance of Bank of Baroda.

2. In the Petition, the Petitioner has challenged the Look Out Circular. There is presently no challenge to the office memoranda Digitally signed by SACHIN RAMCHANDRA SACHIN PATIL RAMCHANDRA PATIL Date:

14:33:56 +0530 24th November 2022 904-OSIWPL-35154-22.DOC issued by the Immigration Bureau under which the LOCs are issued. The question of validity of the office memoranda was raised in large group of writ petitions, which were finally heard by the Division Bench of this Court of which one of us (GS Patel, J) was a member. The judgment is reserved and will be pronounced shortly. In several interim applications in those Writ Petitions, we permitted the Applicants/Petitioners to travel overseas subject to certain limited conditions.

3. In the present case, the claim of Bank of Baroda against the Petitioner is on the basis that he, at the relevant time, was a partner in a commercial firm called "Bhaidyadra Gems". There were other partners. The firm had borrowings from the Bank of Baroda. This is the basis of the claim of Bank of Baroda. There are proceedings pending in the Debt Recovery Tribunals and possibly other forums. In those proceedings, no summons has been issued to the Petitioner. No warrant has been issued against the Petitioner. It is not as if he is evading a warrant or even a summons. Further, the Petitioner has travelled overseas several times before. The original application was for leave to travel overseas to attend a jewellery or diamond exhibition. The original interim application was filed for the period from 22nd to 28th November 2022. That period having almost passed, there is a revised scheduled from 25th to 30th November 2022 for travel from Mumbai to Hangkong with a lay-over in Bangkok. There is further additional affidavit dated 24th November 2022, which we have seen. It is to be filed in the Registry.

24th November 2022 904-OSIWPL-35154-22.DOC

4. In a recent order, yesterday we noted the submissions made before us by Dr Chandrachud appearing for the Petitioner to the effect that a fundamental right to travel invoked by the Petitioner ought not be curtailed merely because of the stated purposes. If there is a curtailment, it has to be in the manner prescribed by law and permitted by the Constitution. These are the arguments adopted in the matter today.

5. Prima facie, we see no reason to deny the Petitioner the limited prayer sought. Accordingly, the Petitioner is permitted to travel overseas as indicated above from 25th November 2022 until 30th November 2022, subject to the following conditions :

(a) the Petitioner is to file an undertaking to return to this country at the end of this period, if not already done;

(b) the Petitioner is to file a detailed itinerary with his contact details and addresses overseas, if not already done;

(c) 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.

6. Subject to these conditions, the LOCs in question against the Petitioner are stayed until 1st December 2022.

7. The immigration authorities at all ports of departure including all airports will permit the Petitioner passage and permit the Petitioner to take his flight out of the country irrespective of whether the Bank of Baroda has notified them or not and Page 3 of 4 24th November 2022 904-OSIWPL-35154-22.DOC irrespective of whether this suspension is noted in the immigration authorities' systems or not.

8. 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.

(Sharmila U. Deshmukh, J) (G. S. Patel, J) Page 4 of 4 24th November 2022