VIJAYA BANK LIMITED Vs. REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) The matter was called out for hearing, but nobody is present on behalf of respondent No. 2. Heard learned Counsels for the parties present. Perused the Special Civil Application.

(2.) The petitioner, Vijaya Bank Ltd., filed this Special Civil Application before this Court and prayer has been made therein that the respondent No. 1 be directed not to renew the passport No. S-726086 of the respondent No. 2 and to refuse the renewal of passport of respondent No. 2. The aforesaid passport expired on 31st December 1985. This Court, on 27th October 1985, directed the respondent No. 1 not to renew and/or issue fresh passport in favour of respondent No. 2 without permission of this Court. The respondent No. 2, however, has been given liberty by this Court to move this Court whenever occasion to get the passport renewed and/or issue arises. I do not find anything on record that at any stage after 27th December 1985, the respondent No. 2 moved this Court to get passport renewed and/or issued. The respondent No. 1 has also not brought on record the fact that at any stage, after 27th December 1985, the respondent No. 2 has approached to it with the application for renewal of passport or for grant of fresh passport.

(3.) It is the case of petitioner in this Special Civil Application that it has filed a Criminal Case No. 17 of 1984, in the Court of Metropolitan Magistrate, Court No. 16 at Ahmedabad against the respondent No. 2 for offences under Secs. 420, 417, 120-B, 34 and/or 109 of the Indian Penal Code. The Metropolitan Magistrate in the aforesaid criminal case issued process against the respondent No. 2. There are serious allegations against the respondent No. 2 in the aforesaid criminal complaint of cheating the petitioner-Bank to a huge amount of Rs. 10 lacs, which including interest, comes to about Rs. 16 lacs. The petitioner has also filed civil suit being Summary Suit No. 3823 of 1983 in the Court of Civil Judge, Ahmedabad, against respondent No. 2 for recovering the amount aforesaid. In the said civil suit, the learned Judge has issued summons for appearance and has granted to the respondent No. 2, unconditional leave to defend. The order of the Civil Judge to grant unconditional leave to the respondent No. 2 has been challenged by the petitioner by filing a Revision Application under S.115 of the Code of Civil Procedure, before this Court. The petitioner, in Para 5 of the Special Civil Application, has given out that the respondent No. 2, is owing a very huge amount towards other Banks and private parties, the details of which are as under :