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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 petitioner and not leave the country without the permission of the Tribunal. The very next day on 16-04-2015, the Tribunal passes an order allowing the application so filed seeking retention of the passport before the Tribunal. The petitioner then files an application seeking vacation of the interim order and the Banks filed their objections in I.A.No.5872/2015. The application seeking vacation of the interim order comes to be rejected. Then, the petitioner on 05-04-2016, surrenders his passport before the Tribunal. The Tribunal then passes an order on 25-07-2016 holding that the petitioner shall be entitled to his passport as and when he requires to travel, subject to production of appropriate travel itinerary. Since then, the petitioner has been filing applications NC: 2023:KHC:44173 before the Tribunal seeking permission to travel to several countries and on coming back surrendering the passport to the Tribunal. On 02-12-2016, the petitioner files an application seeking release of passport in his favour. The application comes to be rejected. The petitioner claims that he has represented before the Tribunal seeking return of passport on the score that there is urgent necessity of the old passport as its validity had expired and a fresh passport had to be secured from the hands of the Passport Authority. That having not been considered, the petitioner is before this Court seeking a direction as observed hereinabove.

4. Heard Sri K.N. Phanindra, learned senior counsel along with Sri Bhairav Kuttaiah, learned counsel appearing for the petitioner and Sri H. Shanthi Bhushan, learned Deputy Solicitor General of India appearing for respondent No.2.

5. The learned senior counsel Sri K.N.Phanindra would vehemently contend that the passport cannot be impounded by the Tribunal as its retention would amount to confiscation or impounding of a passport, this is the power of the Passport NC: 2023:KHC:44173 Authorities and none else. He would seek a direction to the Tribunal to release the passport surrendered before it on 05-04-2016.

(Emphasis added) The direction of the Tribunal is, surrendering of the passport of the petitioner - both new and old. As observed hereinabove, it is still in the stage of surrender of the passport before the Tribunal. The petitioner on 26-10-2023 represents to the 1st respondent for release of the passport which is under surrender before the Tribunal on account of its expiry and necessity for re-issuance. The representation reads as follows:
"Subject: Return of my passports bearing numbers Z- 2196178 and Z-1742943 ('Passports') placed in the safe custody of the Debts Recovery Tribunal - Bangalore during the course of proceedings in O.A.No.711 of 2015.
Provided that if the conviction is set aside on appeal or otherwise the revocation shall become void.
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NC: 2023:KHC:44173 (8) An order of revocation under sub-section (7) may also be made by an appellate court or by the High Court when exercising its powers of revision.
(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.