ORDER 1. Leave granted. 2. It appears that the Debts Recovery Tribunal has passed a decree against the appellant. Full satisfaction of the decree is awaited. It also appears that for recovery of decretal arrears, the appellant is sought to be arrested and detained in a civil prison. At this stage, the appellant has approached the High Court. 3. On 19-8-2004, while granting interim relief to the appellant, the High Court directed, inter alia, (i) that the appellant’s wife shall deposit her passport with the Registrar General of the High Court; (ii) that the appellant’s wife shall furnish bank guarantee or security to the satisfaction of the Registrar General in the sum of Rs. one crore. By another order dated 17-9-2004 the High Court has clarified that the appellant could travel abroad only on his furnishing security of Rs. one crore as per the order dated 19-8-2004 and in case the security is furnished then his wife’s passport could be returned. These two orders are subject-matter of these appeals. 4. We fail to understand how the appellant’s wife could be directed to deposit her passport or to furnish security for payment of any amount under a decree passed against the appellant. The plea taken on behalf of the respondent Bank is that the appellant himself had volunteered to deposit the passport of his wife or to have security furnished by his wife and the High Court was persuaded to pass such orders only at his instance. However, the orders of the High Court do not reflect any such offer or concession having been made by the appellant. We are also of the opinion that such orders could not have been passed unless the appellant’s wife was before the Court and had consented to such orders being passed. 5. The learned Senior Counsel for the respondent Bank also found it difficult to support that much part of the impugned orders which relate to the wife of the appellant. He submitted that if this Court be inclined to set aside the above-referred to parts of the orders then the parties may be given the liberty of approaching the High Court and seeking such other directions as may be called for in the facts and circumstances of the case. It is conceded at the Bar that the appellant’s passport is already in deposit with the Registrar General of the High Court. 6.
It is conceded at the Bar that the appellant’s passport is already in deposit with the Registrar General of the High Court. 6. The appeals are partly allowed. So much part of the orders of the High Court as called upon the wife of the appellant to deposit her passport and/or required security to be furnished by the wife of the appellant is set aside. Rest of the orders of the High Court dated 17-9-2004 and 19-8-2004 shall continue to remain in operation until the High Court passes any fresh order on an application made by either party, which application shall be heard on its own merits and uninfluenced by the two orders referred to hereinabove. 7. The appeals stand disposed of in the above terms. 8. No orders as to costs. Appeals partly allowed. ***************