Bombay High Court
Viraj Chetan Shah vs Union Of India And Anr on 29 March, 2022
Bench: G.S. Patel, Madhav J. Jamdar
935-OSIAL-9810-2022.DOC
Dusane
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.9810 OF 2022
IN
WRIT PETITION NO.719 OF 2020
Viraj Chetan Shah ...Applicant
In the matter of
BHALCHANDRA
GOPAL Viraj Chetan Shah ... Original
Petitioner
DUSANE
Digitally signed by
BHALCHANDRA
GOPAL DUSANE
Versus
Date: 2022.03.31
10:32:50 +0530 Union of India & Ors ...Respondents
Mr Birendra Saraf, Senior Advocate, with Satchit Bhogle i/b
Pariman Law Associates for Applicant in IA(L) 9810 of 2022.
Mr DR Shah, for Respondent No.1 (UOI)
Mr Nishit Dhruva, with Prakash Shinde, Niyati Merchant, Yash
Dhruva, Harsh Sheth i/by MDP & Partners for Respondent No.2-
Bank.
CORAM G.S. Patel &
Madhav J. Jamdar, JJ.
DATED: 29th March 2022
PC:-
1. The Interim Application seeks leave for the applicant to travel to Dubai from 25th April 2022 to 24th May 2022. Exhibit 'A' to the Interim Application has the details of the Applicant's itinerary and contact particulars.
Page 1 of 329th March 2022 935-OSIAL-9810-2022.DOC
2. The Petition challenges an LOC issued against the Petitioner at the instance of the Union Bank of India, the 2nd Respondent. The main petition, which has a larger challenge, is even now part- heard before us. In similar matters, as in this matter, we have in the past stayed the LOCs temporarily. A copy of our previous order in this matter is at page 23.
3. On a same terms and conditions, we will permit the Petitioner to travel to Dubai for his work purposes from 25th April 2022 until 25th May 2022. The details of his itinerary and contact information are already included. There is also an undertaking which we accept that the Petitioner will return to India at the end of this travel.
4. The Petitioner is required to apply to the DRT for leave to travel. If that permission is delayed, this order will operate for one month from the date of DRT permission or the efective date of the DRT Order. The LOC will remain stayed until 25th May 2022 or the expiry of one month from the date of the DRT permission/efective dates, whichever is later.
5. We make it clear that no application for renewal or extension of this leave will be granted unless the Petitioner returns to India.
6. The Immigration Authorities at all ports of departure will permit the Petitioner to clear immigration irrespective of any outstanding LOC issued at the instance of the UBI. Irrespective of any auto renewal or any other LOC that may be issued at the instance of the UBI, the Immigration Authorities will permit the Page 2 of 3 29th March 2022 935-OSIAL-9810-2022.DOC Petitioner to travel and pass through immigration in accordance with this order and during the dates mentioned above.
7. The Immigration Authorities will act on production of an authenticated or digitally signed copy of this order and not to insist on a certifed copy.
8. This order will also apply to any other LOC issued at the instance of any other Bank because the principle remains the same. All LOCs against the Petitioner are stayed for the period mentioned above.
9. Liberty to apply.
(Madhav J. Jamdar, J) (G. S. Patel, J)
Page 3 of 3
29th March 2022