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2023 Supreme(Kar) 593

M. NAGAPRASANNA
Nitin Shambhukumar Kasliwal S/o Shambhukumar S. Kasliwal – Appellant
Versus
Debt Recovery Tribunal -1 – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri.K.N.Phanindra, Sr. Advocate For Sri Bhairav Kuttaiah, Advocate
For the Respondent: Sri.Shanthi Bhushan H., DSGI

ORDER :

The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus directing the 1st respondent/Debts Recovery Tribunal-1, Bangalore (hereinafter referred to as ‘the Tribunal’ for short) to release the passport standing in the name of the petitioner to the petitioner.

2. Facts, in brief, germane are as follows:-

The facts of the case dates back to 18-11-1999, wherein the petitioner is said to have executed certain agreement of guarantee in favour of various lenders towards loans secured from those lenders. On 20-03-2015, the companies – lenders proceed to initiate O.A.No.711 of 2015 before the Tribunal inter alia seeking repayment of sums allegedly in default, attachment and sale of properties of several companies and that of the petitioner. The issue does not concern merit of the claim of the companies or the petitioner before the Tribunal.

3. An application comes to be filed by those Banks who had initiated proceedings in O.A.No.711 of 2015, in I.A.No.1598 of 2015 invoking Section 22(2)(h) r/w Section 19(25) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (‘the Act’ for short) to surrender passport of the petitio

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