RATNA COMMERCIAL ENTERPRISES LTD Vs. VASU TECH LTD

JUDGEMENT

(1.) This order shall dispose of the application filed by the applicant/judgment debtor (JD) No.2 namely Mr. Dhruv Varma for release of his Passport bearing No.Z-1400866.

(2.) I have heard Mr. Sudhir K. Makkar, learned senior counsel for the decree holder (DH) and the applicant/JD No.2 appearing in person.

(3.) The applicant/JD No.2 has submitted that he had voluntarily deposited his Passport on 8th February, 2013 and that he now required the same to enable him to travel abroad so that he could rebuild his business and meet the financial obligations placed on him. He has stressed the fact that the court had not directed him to deposit the Passport and it was his own offer to the court, as recorded on 14th January, 2013, to assure the court that he had no intention to go away from India to defeat the decree that the Passport had been deposited. It is also stated that he had filed all affidavits including additional affidavits in compliance of various orders passed by this court. When his previous application for release of Passport had been dismissed by the court on 5th February, 2016, it did not debar the filing of the present application. It was submitted that no criminal court or other courts where litigation was pending against the applicant/JD No.2 had directed him to deposit the Passport. Hence, he has prayed that the Passport be released to him.