IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

TUESDAY, THE 4^TH DAY OF MARCH 2025 / 13TH PHALGUNA, 1946 OP (DRT) NO. 82 OF 2025 AGAINST THE ORDER/JUDGMENT DATED IN OA NO.387 OF 2023 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM PETITIONER/S: ABDUL KAREEM, AGED 50 YEARS S/O. MANPARAMBATH KAMMU, KANNIPOYIL VEED, KAYALAM P.O., PERUVAYAL KAYAL, KOZHIKODE, PIN - 673661 BY ADVS.

P.E.SAJAL AJAS K.S.

MUHAMMED HISHAM T.

RESPONDENT/S:

M/S. ICICI BANK LTD., ZONAL OFFICE, CENOTAPH ROAD, TEYNAMPET, CHENNAI REPRESENTED THROUGH ITS AUTHORISED OFFICER, PIN -

600018 SRI. LAL K. JOSEPH -SC THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 04.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner is the second defendant in OA No.387/2023 pending before the Debts Recovery Tribunal – I, Ernakulam. In terms of Ext.P1 order dated 24.11.2023, the petitioner has surrendered his passport before the Tribunal. The petitioner is before this Court stating that the petitioner wishes to travel abroad for performing Hajj and Umra pilgrimage and prays that there may be a direction that the passport of the petitioner shall be released to him to enable him to perform the pilgrimage.

2. The learned counsel for the petitioner submits that on an earlier occasion, this Court by Ext.P2 judgment had permitted the release of passport for a specified period.

3. The learned counsel appearing for the respondent bank submits that the reason stated by the petitioner for release of passport before the Tribunal is different from the reason now stated before this Court. It is submitted that before the Tribunal, Petitioner had wanted the release of the passport to visit Saudi Arabia in connection with his business, while the present Writ Petition filed before this Court, it is the case of the petitioner that he wishes to travel abroad for conducting the Hujj/Umra Pilgrimage. It is submitted that in such circumstances, there is absolutely no bona fides in the claim made by the petitioner before this Court. He further submits that the petitioner may be required to pay a sum of Rs.15 lakhs towards the loan liability as a condition for release of the passport.

6. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent bank and considering Ext.P2 judgment of this Court in OP(DRT) No.95/2024 and since the petitioner now asserts that he is going to perform Hujj/Umra pilgrimage and is traveling only from 08.03.2025 to 30.03.2025, this Original Petition will stand disposed of directing that the passport of the petitioner which is under the custody of Debts Recovery Tribunal – I, Ernakulam, pursuant to Ext.P1 order shall be released to the petitioner on or before 06.03.2025. The petitioner shall surrender the passport back before the Tribunal on or before 02.04.2025. This Original Petition is ordered accordingly.

sd/-

GOPINATH P.

JUDGE Nsd PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 24.11.2023 IN I.A. NO. 1571/2023 IN O.A.NO.387/2023 OF DEBT RECOVERY TRIBUNAL-I, ERNAKULAM Exhibit P2 TRUE COPY OF THE JUDGMENT IN OP (DRT) NO

95/2024 DATED 28-02-2024 Exhibit P3 TRUE COPY OF VISA DATED 02-02-2025 IN O.A 387/2023 DATED 04-02-2025 IN O.A 387/2023 DATED 25-02-2025 INDIGO FLIGHT DATED NIL