Bombay High Court
Rihen Harshad MehtaversusUNION OF INDIA ( THROUGH MINISTRY OF HOME AFFAIRS) AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court permitted the applicant to travel abroad subject to the stipulated conditions.
Summary
The applicant, Rihen Harshad Mehta, sought permission to travel abroad to Thailand, the USA and Europe, despite a Look Out Circular issued by Bank of Baroda. The circular had been challenged in Writ Petition No.4356/2021, an order of which was appealed before the Supreme Court (SLPs 17194‑17230 of 2024). The High Court considered the applicant’s prior travel permissions, his consultancy work for a US company, and the conditions imposed in earlier orders, including the deposit of a share certificate and probate. The bank opposed the relief, insisting on compliance with those conditions. The Court found the applicant’s case bona‑fide and granted the travel permission subject to specific conditions regarding document deposit, itinerary filing, and notification to the bank. The order disposes of the interim application.
Issues considered
- Whether the applicant can be allowed to travel abroad despite the existence of a Look Out Circular issued by Bank of Baroda.
- Whether the conditions imposed in earlier orders, such as deposit of the share certificate and probate, must be satisfied before granting travel permission.
- Whether the applicant’s consultancy work and prior travel permissions justify the current request.
Subjects
- Look Out Circular
- travel permission
- interim application
- share certificate
- probate
- Bank of Baroda
- consultancy employment
- Supreme Court SLP
Judgment
Digitally
signed by
MEERA
MEERA MAHESH
MAHESH JADHAV
JADHAV Date:
2026.09.30
15:12:05
+0530 1 of 6 4-ia-7481-26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7481 OF 2026
IN
WRIT PETITION NO. 4356 OF 2021
Rihen Harshad Mehta ...Applicant
Versus
Union Of India ( Through Ministry
Of Home Affairs) And Ors ...Respondents
_________
Mr. Anoshak Davar a/w Ms Ravina Rajpal, Ms Archi Gala i/b VMH
& Associates for Applicant.
Mr. D. P. Singh for Respondent No.1.
Mr. Harsh Sheth a/w Shanmukh Puranik i/b MDP Legal for
Respondent No.4 bank.
Mr. P. N. Diwan, AGP for State.
__________
CORAM : SARANG V. KOTWAL &
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 28th SEPTEMBER 2026.
PC :
1. This is an application preferred by the Applicant seeking
permission for travel to Thailand from 26th November 2026 to 4th
December 2026 and USA and Europe from 12 th January 2027 to
19th February 2027.
2. Heard Mr. Anoshak Davar, learned counsel for the
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Applicant, Mr. D.P. Singh, learned Counsel for the Respondent No.1
– UOI, Mr. Harsh Sheth, learned counsel for the Respondent No.4
and Mr. P. N. Diwan, learned AGP. for the Respondent – State.
3. The Look Out Circular was issued against the Applicant at
the instance of the Respondent No.4 Bank of Baroda. The
Applicant had challenged the said Look Out Circular by preferring
Writ Petition No.4356/2021. By order dated 23 rd April 2024 this
Court had decided the said petition. The said order was challenged
by the Petitioner before the Hon'ble Supreme Court vide Special
Leave to Appeal (C) Nos.17194-17230 of 2024. The said SLPs are
pending before the Hon'ble Supreme Court. Pursuant to the
directions and observations of the Hon'ble Supreme Court the
Applicant had filed an application seeking permission from this
Court to travel abroad.
4. Learned Counsel for the Applicant submits that the
Applicant has been granted permission in the past to travel abroad.
It was submitted that pursuant to the orders dated 25 th November
2025, 30th March 2022, 8th September 2022, 20th October 2022, 9th
March 2023, 26th April 2023, 27th June 2023, 17th October 2023,
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19th December 2023, 27th May 2025, 25th November 2025 and
lastly on 23rd April 2026, the Applicant has been permitted to
travel abroad. Learned Counsel the Applicant submits that the
Applicant is engaged on a consultancy basis by FRHueb Inc., a
company registered under the laws of USA having headquarter in
New York City. Pursuant to his employment and responsibilities, he
is required to travel to foreign countries including United States to
attend client meetings and for work related purposes. Learned
Counsel for the Applicant submits that all the expenses of his
travel and accommodation as well as other costs in respect of the
said travel are to be borne by the said company.
5. Learned Counsel appearing for Respondent No.4 has
opposed for grant of any reliefs to the Applicant. It was submitted
that in case the Court is inclined to grant the reliefs, the same may
be subject to the conditions which have been imposed in the
earlier orders. Perusal of the record indicates that amongst other
conditions imposed, the Applicant has been directed to deposit the
Share Certificate No.9 issued by Vijay Deeep Cooperative Housing
Society Limited in respect of flat bequeathed to his wife Mrs.
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Deepika Mehta. The Applicant is also directed to file the affidavit
and undertaking in respect of the compliance of the conditions.
6. During the hearing of the present Application, the Learned
Counsel appearing for the Applicant, on instructions, submitted
that the Applicant would deposit the original Share Certificate and
the original Probate with the Registry of this Court, with a request
that the same be returned to the Applicant upon his return to
India, subject to his complying with the terms and conditions
stipulated in the order.
7. Considering the aforesaid submissions and the various
orders whereby the Applicant has been permitted to travel abroad,
we are satisfied that the Applicant has made out a case and
demonstrated his bona fides for being permitted to travel to
Thailand, USA and Europe for the dates as more particularly
mentioned in the prayer clause. Hence the following order:-
ORDER
i. The Applicant is permitted to travel abroad to Thailand
from 26th November 2026 to 4th December 2026 and to USA and
Europe from 12th January 2027 to 19th February 2027, on the
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following conditions:-
a) The Applicant shall deposit the original Share
Certificate Share Certificate No.9 issued by Vijay Deeep
Cooperative Housing Society Limited in respect of flat bequeathed
to his wife Mrs. Deepika Mehta and also the original Probate,
before the Registry of this Court within a period of two weeks from
today. On his return to India, the Registry shall hand over those
documents to the Applicant on establishing his identity to the
satisfaction of the Registry. The Applicant shall inform the
Respondent bank of such deposit of and taking back of documents
as early as possible.
b) The Applicant shall also file detailed itinerary of his
travel to Thailand, USA and Europe for the dates as mentioned
above.
c) The Applicant shall also inform Respondent No.4 Bank
of his itinerary and travel details and also his date of return. The
Applicant shall furnish the telephone numbers, addresses and
contact numbers to the learned counsel for the Respondent No.4
Bank within a period of two weeks from today.
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ii) Once, the aforesaid conditions are fulfilled, the Applicant
is permitted to travel to Thailand from 26th November 2026 to 4th
December 2026 and USA and Europe from 12 th January 2027 to
19th February 2027.
iii) Interim Application is disposed of accordingly.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
Meera Jadhav
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