NITIN SHAMBHUKUMAR KASLIWAL Vs. DEBT RECOVERY TRIBUNAL

JUDGEMENT

(1.) The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus directing the 1st respondent/Debts Recovery Tribunal-1, Bangalore (hereinafter referred to as 'the Tribunal' for short) to release the passport standing in the name of the petitioner to the petitioner.

(2.) Facts, in brief, germane are as follows:-

(3.) An application comes to be filed by those Banks who had initiated proceedings in O.A.No.711 of 2015, in I.A.No.1598 of 2015 invoking Sec. 22(2)(h) r/w Sec. 19(25) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 ('the Act' for short) to surrender passport of the petitioner and not leave the country without the permission of the Tribunal. The very next day on 16/4/2015, the Tribunal passes an order allowing the application so filed seeking retention of the passport before the Tribunal. The petitioner then files an application seeking vacation of the interim order and the Banks filed their objections in I.A.No.5872/2015. The application seeking vacation of the interim order comes to be rejected. Then, the petitioner on 5/4/2016, surrenders his passport before the Tribunal. The Tribunal then passes an order on 25/7/2016 holding that the petitioner shall be entitled to his passport as and when he requires to travel, subject to production of appropriate travel itinerary. Since then, the petitioner has been filing applications before the Tribunal seeking permission to travel to several countries and on coming back surrendering the passport to the Tribunal. On 2/12/2016, the petitioner files an application seeking release of passport in his favour. The application comes to be rejected. The petitioner claims that he has represented before the Tribunal seeking return of passport on the score that there is urgent necessity of the old passport as its validity had expired and a fresh passport had to be secured from the hands of the Passport Authority. That having not been considered, the petitioner is before this Court seeking a direction as observed hereinabove.