Final Order 1

Order Details: Order Below EX 1
Pdf Text: … 1 … C.C.No.34/MISC./2023
Exh.01
MHMM180004792023
C.C.No.34/MISC./2023
SHREE MOHAN NANDKISHORE
GUPTA Vs. KOTAK MAHINDRA
BANK LIMITED
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
ORDER BELOW EXH.01
1. This is an application for giving direction to
Regional Passport Officer, Surat to renew passport No.Z1876629
of the applicant.
2. It is contended on behalf of the applicant that his
passport is seized by the passport authority at the instance of
application of the complainant in various cases filed u/sec.138
of Negotiable Instrument Act against him. He has to visit abroad
to his relative. Hence, this application.
3. The opponent No.1 resisted the application vide
reply Exh.8 mainly on the ground of no jurisdiction to direct the
Regional Passport Authority for renewal of passport when the
passport is already seized.
3. Heard Advocate Milind Gaware for the applicant
and Advocate A.R.Pargaonkar for respondent No.1.
4. At the cost of repetition it is crystal clear that this
court has not seized the passport nor directed to Regional
Passport Authority to seize the passport of the applicant. It is
purely within the jurisdiction and application of mind in
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… 2 … C.C.No.34/MISC./2023
Exh.01
conscious by the Regional Passport Authority, Surat either to
renew the passport or reject the application of the applicant.
The directions sought by the applicant appears beyond the
jurisdiction of this court. The Regional Passport Authority may
consider the application of the applicant with a liberal view
considering the aspect of personal liberty and notification of
Central Government in that regard. Hence I pass following
order.
ORDER
1. The application is rejected.
2. Order dictated and pronounced in open
court.
Mumbai, (M. P. Saraf)
Dated : 19.06.2023. Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
J.O.Code MH01362
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