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2005 DIGILAW 283 (ALL)

M/s. VINIYOGA CLOTHEX LTD. v. VINAY BAGLA

2005-02-17

S.P.MEHROTRA

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( 1 ) BY the order dated 20-12-2004, notice was directed to be issued to the opposite parties on the aforesaid application filed on behalf of ICICI Bank Limited. ( 2 ) AS regards the opposite party No. 1 in the aforesaid application, it appears that copy of the aforesaid application had already been served on the Official Liquidator on 27-9-2004. ( 3 ) AS regards the opposite parties Nos. 2 and 3 in the aforesaid application, the Office has submitted its report dated 9-2-2005/17-2-2005, which is reproduced below :"in compliance with Courts order dt. 20-12-2004 notices were sent to the opposite parties no. 2 and 3, 2-Sri Vinay Bagla and 3-The Regional Passport Officer, Govt. of India on 23-12-2004 by Reg. Post/ad fixing 19-1-2005, neither A. D. nor undelivered cover have been returned back. The case is put up for order with Appl. No. 16099-05. " ( 4 ) IN view of the said office report, service of notice on the opposite parties Nos. 2 and 3 is deemed to be sufficient. ( 5 ) IT is, inter alia, stated in the aforesaid application that ICICI Bank Limited (applicant in the aforesaid application) is one of the Secured Creditors, which advanced substantial amount of loan to M/s. Viniyoga clothex Limited (in liquidation): and that vinay Bagla is promoter of the said Company (in liquidation), and he executed guarantees for repayment of the amounts outstanding to the ICICI Bank Limited (applicant in the aforesaid application ). ( 6 ) IT is, inter alia, further stated in the aforesaid application that before this Court, the proceedings are going on against the said vinay Bagla (opposite party No. 2 in the aforesaid application); and that this Court directed the Official Liquidator to take necessary steps in accordance with the provisions of Sections 82 to 85 of the Code of criminal Procedure, 1973 in respect of the said Vinay Bagla (opposite party No. 2 in the aforesaid application ). ( 7 ) IT is, inter alia, further stated in the aforesaid application that the said Vinay bagla (opposite party No. 2 in the aforesaid application) is trying to evade his liability by leaving this country with dishonest intention, so as to place himself out of the territorial limits of the Courts of this country. ( 7 ) IT is, inter alia, further stated in the aforesaid application that the said Vinay bagla (opposite party No. 2 in the aforesaid application) is trying to evade his liability by leaving this country with dishonest intention, so as to place himself out of the territorial limits of the Courts of this country. ( 8 ) IT is, inter alia, further stated in the aforesaid application that it is in the interest of justice that the Regional Passport officer be directed to impound the Passport of the said Vinay Bagla, son of Shri Manu Lal bagla (opposite party No. 2 in the aforesaid application ). ( 9 ) THE aforesaid application is supported by an affidavit of Joydev Sen Gupta, stated to be Manager in ICICI Bank Limited, sworn on 16-9-2004. ( 10 ) I have heard Shri. P. Mishra, learned counsel for the ICICI Bank Limited (applicant in the aforesaid, application), and Shri arnab Banerjee learned counsel for the official Liquidator. ( 11 ) AS noted above, by the order dated 20-12-2004, notices were directed to be issued to the opposite parties on the aforesaid application. ( 12 ) FURTHER as noted above, notice in respect of the opposite party No. I has been served by serving a copy of the aforesaid application on the official Liquidator on 27-9-2004. Shri Arnab Banerjee, learned counsel for the Official Liquidator states that the Official Liquidator has no objection if the prayer made in the aforesaid application is granted. ( 13 ) AS regards the opposite parties Nos. 2 and 3, service of notice on the said opposite parties has been held to be sufficient, as mentioned above. ( 14 ) NO objection/counter affidavit has been filed by either of the Opposite parties nos. 2 and 3. In the circumstances, the court is proceeding to pass appropriate order on the aforesaid application. 2 and 3, service of notice on the said opposite parties has been held to be sufficient, as mentioned above. ( 14 ) NO objection/counter affidavit has been filed by either of the Opposite parties nos. 2 and 3. In the circumstances, the court is proceeding to pass appropriate order on the aforesaid application. ( 15 ) IT is submitted by Shri. P. Mishra, learned counsel for the ICICI Bank Limited (applicant in the aforesaid application) that in view of the facts and circumstances stated in the aforesaid application and its supporting affidavit and in view of the fact that the said Vinay Bagla (opposite party No. 2 in the aforesaid application) is not appearing before this Court in the proceedings under section 454 of the Companies Act, 1956 despite issuance of bailable warrant and non-bailable warrant and despite proclamation having been published under Section 82 of the Code of Criminal Procedure, 1973, the prayer made in the aforesaid application for impounding the passport of the said vinay Bagla (opposite party No. 2 in the aforesaid application) be granted. Shri mishra refers to the provisions of Section 10 (3) (h) and Section 10 (6) of the passports Act, 1967. ( 16 ) I have considered the submissions made by Shri. P. Mishra, learned counsel for the ICICI Bank Limited. ( 17 ) IT is pertinent to note that the proceedings are going on before this Court against the said Vinay Bagla (opposite party no. 2 in the aforesaid application) on account of non-filing of the Statement of Affairs, as provided under Section 454 (3) of the Companies Act, 1956. ( 18 ) DESPITE issuance of bailable warrant and non-bailable warrant and despite publication of proclamation under Section 82 of the Code of Criminal Procedure, 1973, the said Vinay Bagla (opposite party No. 2 in the aforesaid application) has not appeared before this Court. Presently, the proceedings are going on against the said Vinay bagla (opposite party No. 2 in the aforesaid application) for attachment of property of the said Vinay Bagla (opposite party No. 2 in the aforesaid application) in accordance with the provisions of Section 83 of the Code of criminal Procedure, 1973. ( 19 ) REFERENCE may be made to the various orders passed in the present case, particularly orders dated 31-8-2001, 24-4-2003, 19-5-2003, 14-7-2003, 3-2-2004, 31-3-2004, 24-5-2004, and 1-10-2004. ( 19 ) REFERENCE may be made to the various orders passed in the present case, particularly orders dated 31-8-2001, 24-4-2003, 19-5-2003, 14-7-2003, 3-2-2004, 31-3-2004, 24-5-2004, and 1-10-2004. ( 20 ) SECTION 10 of the Passports Act, 1967 in so far as it is relevant in the present case, is reproduced below :"10. Variation, impounding and revocation of passports and travel documents.- (3) The passport authority may impound or cause to be impounded or revoke a passport or travel document- (h) If it is brought to the notice of the passport authority that a warrant or summons for the appearance, or a warrant for the arrest, of the holder of the passport or travel document has been issued by a Court under any law for the time being in force or if an order prohibiting the departure from india of the holder of the passport or other travel document has been made by any such court and the passport authority is satisfied that a warrant or summons has been so issued or an order has been so made. (6) The authority to whom passport authority is subordinate may, by order in writing, impound or cause to be impounded or revoke a passport or travel document on any ground on which it may be impounded or revoked by the passport authority and the foregoing provisions of this section shall, as far as may be, apply in relation to the impounding or revocation of a passport or travel document by such authority. (9) On the revocation of a passport or travel document under this section the holder thereof shall, without delay, surrender the passport or travel document, if the same has not already been impounded, to the authority by whom it has been revoked or to such other authority as may be specified in this behalf in the order of revocation. " ( 21 ) IN view of the provisions of Section 10 (3) (h) of the Passports Act, 1967, it is evident that the passport or travel document of a person may be impounded if a warrant or summons for the appearance of such person has been issued by a Court under any law for the time being in force. " ( 21 ) IN view of the provisions of Section 10 (3) (h) of the Passports Act, 1967, it is evident that the passport or travel document of a person may be impounded if a warrant or summons for the appearance of such person has been issued by a Court under any law for the time being in force. Sub-section (6) of Section 10 of the Passports Act, 1967, inter alia, provides that the authority to whom passport authority is subordinate may, by order in writing, impound or cause to be impounded a passport or travel document on any ground on which it may be impounded by the passport authority. ( 22 ) HAVING regard to the facts and circumstances narrated above, particularly, the facts that the said Vinay Bagla (opposite party No. 2 in the aforesaid application)has not been appearing before this Court despite issuance of bailable warrant and non-bailable warrant and despite proclamation in accordance with the provisions of section 82 of the Code of Criminal Procedure, 1973 having been published and, further, presently, the proceedings for the attachment of the property of the said Vinay bagla (opposite party No. 2 in the aforesaid application) are going on before this Court, it is in the interest of justice that the Regional Passport officer. New Delhi (opposite party No. 3 in the aforesaid application) be directed to pass appropriate order for impounding the passport of the said Vinay bagla (opposite party No. 2 in the aforesaid application) in exercise of its power under section 10 (3) (h) of the Passports Act, 1967 within four weeks of service of certified copy of this order by the ICICI Bank Limited (applicant in the aforesaid application ). ( 23 ) IT is, accordingly, directed that the regional Passport Officer, New Delhi (opposite party No. 3 in the aforesaid application)will pass appropriate order in exercise of its power under Section 10 (3) (h) of the Passports Act, 1967 for impounding the passport of the said Vinay Bagla, son of Shri manu Lal Bagla, bearing Passport No. V- 010896 dated 16-11-1995 (Date of Birth 17-3-1948 ). Such order will be passed by the Regional Passport Officer, New Delhi within four weeks of service of certified copy of this order by ICICI Bank Limited (applicant in the aforesaid application ). Such order will be passed by the Regional Passport Officer, New Delhi within four weeks of service of certified copy of this order by ICICI Bank Limited (applicant in the aforesaid application ). ( 24 ) COPY of this order will also be sent to the Regional Passport Officer, New Delhi (opposite party No. 3 in the aforesaid application)by the Registry of this Court within two weeks. ( 25 ) COPY of this order will be Issued to the learned counsel for the ICICI Bank Limited within ten days. Order accordingly. .