The Court granted liberty to the petitioner-Bank to approach the Debts Recovery Tribunal for directions regarding passport impounding of borrowers-guarantors, disposing of the writ petitions without costs.
Liberty to file application before Debts Recovery Tribunal for directions on impounding passports.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO W.P.Nos.1745, 1759, 1778, 1808 of 2017 & 46678 of 2016
COMMON ORDER
All these writ petitions are being disposed of by this common order as the petitioner-Bank challenged the orders dated 15.09.2016 passed by the Passport Officer rejecting its request for impounding the passport of the borrowersguarantors against whom proceedings were taken before the Debts Recovery Tribunal and there is likelihood of those borrowers-guarantors leaving the country.
The Passport Officer passed the said impugned orders stating that he cannot act upon the request letters of the petitioner-Bank unless there is a clear direction from the competent Court for impounding the passports of borrowers for exercising his power under Section 10 of the Passport Act, 1967.
Learned counsel appearing for the petitioner-Bank submits that after filing the present writ petitions, the Debts Recovery Tribunal, Hyderabad, passed an order giving appropriate directions in one of the cases, which is not related to the present batch of cases. Hence, he seeks liberty to move the Debts Recovery Tribunal in these cases also.
2
Giving such liberty, all the writ petitions are disposed of. It is needless to observe that as and when the petitioner-Bank files an appropriate application, it is for the Debts Recovery Tribunal to take up the same and pass appropriate orders in accordance with law. No costs.
Miscellaneous petitions, if any, pending shall stand closed.
___________________________________
JUSTICE A.RAMALINGESWARA RAO
12 th April, 2017
rkk
3
1 issue framed by the court
Whether the Debts Recovery Tribunal can issue directions for impounding passports under Section 10 of the Passport Act, 1967
Petitioner-Bank
Borrower-Guarantor
A. Ramalingeswara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
