Bombay High Court
Nikhil A. Chaturvedi vs State Of Maharashtra And 3 Others on 15 May, 2024
Bench: Sandeep V. Marne, Neela Gokhale
2024:BHC-OS:8284-DB
Gitalaxmi 3-oswpl-29894-2022+.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 29894 OF 2022
WITH
INTERIM APPLICATION (L) 15834 OF 2024
WITH
INTERIM APPLICATION (L) 17343 OF 2023
Nikhil A. Chaturvedi } ..Petitioner
: Versus :
The State of Maharashtra through Government Pleader
& Ors. } ..Respondents
__________________________________________________
Mr. Sandeep S. Ladda (Through VC) a/w Mr. Adnan Ansari & Mr. Bharat
More for the Petitioner.
Mr. Vikrant Parshurami, AGP for Respondent No. 1-State.
Mr. Ritvik Joshi for Respondent Nos. 2 & 3.
Ms. Anuja Divadkar a/w Ms. Amisha Didwania i/b NDB Law for Respondent
No. 4-Union Bank of India.
Coram : Sandeep V. Marne &
Dr. Neela Gokhale, JJ.
(Vacation Court) Dated : 15th May 2024.
P.C. :
1. The above petition is filed seeking the following reliefs :-
"a) That this Hon'ble Court be pleased to issue a Writ of Certiorari or a Writ in the nature of Writ of Certiorari, or any other appropriate Writ, order or direction under Article 226/227 of the Constitution of India, calling for the records of the Petitioner's case from the Respondents including but not limited to all documents relating to the records pertaining to the _____Page No. 1 of 4____ 15th May 2024 ::: Uploaded on - 15/05/2024 ::: Downloaded on - 16/05/2024 21:22:35 ::: Gitalaxmi 3-oswpl-29894-2022+.docx said Lookout Circular and travel ban imposed by the Respondent No. 1 at the instance of Respondent No. 3 and/or any of the other bankers of Provogue India Limited and after going through and examining the questions of validity, propriety and legality thereof, be pleased to quash and/or set aside the said Lookout Circular and travel ban against the Petitioner;
b) In the alternative to prayer clause (a), this Hon'ble Court be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus, or any other appropriate Writ, Order or Direction under Article 226/227 of the Constitution of India, directing the Respondents to withdraw the said Lookout Circular and/or travel ban against the Petitioner;
c) That pending hearing and final disposal of the present Petition, this Hon'ble Court be pleased to stay the operation of the said Lookout Circular and/or travel ban against the Petitioner;
d) That pending the hearing and final disposal of the present Petition, this Hon'ble Court be pleased to restrain the Respondents, their subordinates, officers, servants and agents from taking any steps in furtherance of the said Lookout Circular and travel ban against the Petitioner;
e) That pending the hearing and final disposal of the present Petition, this Hon'ble Court be pleased to permit the Petitioner to travel abroad from time to time, on such terms and conditions as this Hon'ble Court may deem fit, necessary and/or proper in the facts and circumstances of the present case;
f) That pending the hearing and final disposal of this Petition, this Hon'ble Court be pleased to permit the Petitioner to travel to London between 29th September, 2022 to 12 th October, 2022, on such terms and conditions as this Hon'ble Court may deem fit, necessary and/or proper in the facts and circumstances of the present case;
g) That pending the hearing and final disposal of this Petition, this Hon'ble Court be pleased to order or direct the _____Page No. 2 of 4____ 15th May 2024 ::: Uploaded on - 15/05/2024 ::: Downloaded on - 16/05/2024 21:22:35 ::: Gitalaxmi 3-oswpl-29894-2022+.docx Respondents to furnish a copy of the complete record of the Petitioner's case including but not limited to all documents relating to the records pertaining to the said Lookout Circular and travel ban imposed by the Respondent Nos. 1 & 2 at the instance of Respondent No. 3;
h) This Hon'ble Court be pleased to grant ad-interim relief(s) in terms of prayer clauses (c) to ( f ) above;
i) That this Hon'ble Court be pleased to pass orders granting such other and further reliefs in favour of the Petitioner, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."
2. We find that the issue raised in the above petition is squarely covered by the decision of a Division Bench of this Court in the case of Viraj Chetan Shah v/s. Union of India through the Ministry of Home Affairs &Anr. 1.
3. In these circumstances, the petition partly succeeds and the Look Out Circular ("LOC") issued against the Petitioner at the instance of Union Bank of India is hereby quashed and set aside.
4. The Bureau of Immigration will ignore and not act upon any LOC issued by Union Bank of India against the present Petitioner. All databases will be updated accordingly. We direct the Bureau of Immigration or the Ministry of Home Affairs to do the needful in this regard.
5. We, however, clarify that this order will not and does not affect any existing restraint order issued by a Competent Authority, Court, Tribunal or
1. Writ Petition No. 719 of 2020 & connected matter decided on 23rd April 2024.
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Investigating 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 LOC cannot and will not affect such orders.
6. The petition is disposed of in the aforesaid terms. However, there shall be no order as to costs.
7. In view of disposal of the above petition, the interim applications filed therein, do not survive and the same are disposed of accordingly.
8. 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.
[Dr. Neela Gokhale, J.] [Sandeep V. Marne, J.] GITALAXMI KRISHNA KOTAWADEKAR Digitally signed by GITALAXMI KRISHNA KOTAWADEKAR Date: 2024.05.15 20:33:02 +0545 _____Page No. 4 of 4____ 15th May 2024 ::: Uploaded on - 15/05/2024 ::: Downloaded on - 16/05/2024 21:22:35 :::