ORDER

Learned Counsel for both sides are present.

This application is filed for condoning the delay of 2967 days in filing this appeal against order passed by Learned Presiding Officer, DRT, Coimbatore in IA 1239/2016 in OA 308/2016.

The 1st Respondent, Punjab National Bank filed IA 1239/2016 seeking direction to Respondents 2 and 3 in the IA, to hand over their passport to the Registrar, DRT, Coimbatore, failing which they will impound their passport, and direct the Regional Passport Officer, Coimbatore to make necessary entries in the Register to that effect.

The Learned Presiding Officer, DRT, Coimbatore passed the following order:

“Therefore, having taken into consideration of the liabilities, this Tribunal is of the view that the apprehensions expressed by the Applicant Bank have to be countenanced and it shall be dispelled. Hence, this Tribunal is of the view that if a limited conditional order is passed against the Respondents, it would meet the interest of justice and natural justice. Accordingly, the Petitioner/Applicant Bank is directed to approach the Regional Passport Officer of Chennai/Coimbatore, or any other office/officer who are the competent authority to impound the passport of the Respondents, as the case may be, and submit all the materials pertaining to the Respondents before such authority and explain the implications in detail and make a request to the Regional Passport Officer, Chennai/Coimbatore or any other office/officer under S.10(3)(h) of the Pass Port Act, 1967, and the Regional Passport officer in turn is required to peruse the materials placed before the authority, and to pass appropriate orders to impound the passports of the Respondents, which are more fully described in the schedule of this Petition, at their discretion on production of the copy of this Order, so as to bring the Respondents to face the legal proceedings initiated against them for their liability/default, after taking into consideration of involvement of the public money in this proceedings. The Petitioner/Applicant Bank and the Regional Passport Authority / Passport officer / Chennai/Coimbatore or any other Office/Officer, who are the competent authority to impound the passport, as the case may be, are directed to act accordingly and I.A. No.1239/2016 is ordered accordingly. No costs. The Registry is directed to furnish the copy of the order to the Petitioner/Applicant Bank free of cost for the purpose of complying with the directions issued by this Tribunal supra.”

Against this order, this appeal is filed.

It is submitted by Learned Counsel for the Petitioners that the Learned Presiding Officer had only directed the Regional Passport Officer to consider and pass orders with regard to impounding the passports on the basis of the claim made by the 1st Respondent Bank. Therefore, the Petitioners thought that only after passing of orders by the Regional Passport Officer, that the cause of action would arise for filing the appeal.

She further submitted that after the Regional Passport Officer passed the order on 7.12.2023, Petitioners approached the Hon’ble High Court by filing WP No.550/2024 challenging the order passed by the Passport Authority on 7.12.2023. The Hon'ble High Court gave liberty to the Petitioner to approach the appropriate authority to challenge the order passed by the Learned Presiding Officer, DRT, Coimbatore in a manner known to the law and the period from 9.1.2024 until the receipt of order copy will be considered for exclusion from computing the limitation period. Then the petitioner opted to file an appeal before the appropriate forum against the order passed by the Learned Presiding Officer, DRT, Coimbatore.

Therefore, there is a delay in filing this appeal.

In reply, the Learned Counsel for the Respondent Bank submitted that there is no reason sufficient enough to condone the huge delay is given in the affidavit filed in support of the application filed for condoning the delay. The delay is huge and, the