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Bombay High Court

Rihen Harshad Mehta vs Union Of India Thr Ministry Of Home ... on 9 March, 2023

Author: Neela Gokhale

Bench: G.S. Patel, Neela Gokhale

                                                       904-ASIAST-3354-2023 IN WP-4356-2021.DOC




                      Shephali



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
                                 INTERIM APPLICATION (ST) NO. 3354 OF 2023
                                                        IN
                                       WRIT PETITION NO. 4356 OF 2021


                      Rihen Harshad Mehta                                         ...Applicant
                            In the matter between
                      Union of India through Ministry of Home Affairs           ...Petitioners
                      & Ors
SHEPHALI                    Versus
SANJAY
MORMARE                                                                        ...Respondent
Digitally signed by
SHEPHALI SANJAY
MORMARE
Date: 2023.03.09
14:31:17 +0530

                      Ms Shaista Pathan, i/b Y & A Legal , for the Applicant.
                      Mr Rui Rodrigues, with DP Singh, for Respondent No. 1-UoI.
                      Mr Nishit Druva, with Prakash Shinde, Niyati Merchant Yash
                           Drhuva & Harsh Sheth, i/b MDP & Partners, for Respondent
                           No. 4.


                                             CORAM        G.S. Patel &
                                                          Neela Gokhale, JJ.

                                             DATED:       9th March 2023
                      PC:-

1. On 9th December, 2021, 30th March 2022, 8th September 2022, 20th October 2022 & 18th November 2022, for a different itinerary and for different dates the Applicant was permitted to travel overseas. He returned to India thereafter and abided by all conditions and undertakings.

9th March 2023 904-ASIAST-3354-2023 IN WP-4356-2021.DOC

2. Presently, the application is for leave to travel to United States of America from 12th March 2023 to 5th April 2023.

3. In view of this, we permit the Petitioner to travel to United States of America for the period from 12th March 2023 to 5th April 2023. This order will also be subject to the usual conditions, viz.:-

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

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

(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.

4. Subject to these conditions, the LOCs in question against the Petitioner are stayed until 6th April 2023.

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

9th March 2023 904-ASIAST-3354-2023 IN WP-4356-2021.DOC

6. 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.

7. The Interim Application is disposed of in these terms. No Costs.

(Neela Gokhale, J)                                     (G. S. Patel, J)




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