2018 (5) TMI 2176 - HC - Indian Laws

Seeking release of the attached property or alternatively, to permit the respondents to use/occupy such property on such terms and conditions as this Court may deem fit - HELD THAT - Keeping in view of the facts and circumstances of the case, it is directed that the property would remain attached subject to further orders of the Court, however, the applicants would be permitted to occupy the said property on deposit of use and occupation charges at the rate of Rs.40,000/- per month in advance with the Registrar General of this Court - Application disposed off. Seeking release of his passport and permission to travel outside the country from 28.05.2018 to 05.06.2018 - HELD THAT - The respondent has already been discharged by order dated 15.05.2017 and there is no stay on the operation of the entire order, however, stay was limited insofar as the order related to the release of the properties which were attached - Keeping in view of the fact that the original record of the Trial Court has been received and is with the Registry, the Registry is directed to release the passport of the respondent No.1 to him. Respondent No.1 is permitted to travel abroad strictly as per the itinerary furnished to the Court and, on his return, he shall duly intimate the Department of his return. The respondent shall not do anything which shall prejudice either the present proceedings filed by the petitioner or the evidence. Henceforth, the petitioner shall seek permission of this court for any travel out of the country - Application disposed off.

Summary

Issues:
1. Modification of order dated 14.07.2017 for release of attached property.
2. Release of passport and permission to travel outside the country.

Analysis:

Issue 1: Modification of order for release of attached property
The application was filed seeking modification of the order dated 14.07.2017 for the release of the attached property. The property in question was attached under the Prevention of Money Laundering Act (PMLA) as one of the assets of the applicants. The applicants had no other residential accommodation apart from the attached property, leading to concerns about its condition and safety. The court considered the circumstances and directed that the property would remain attached, but the applicants were permitted to occupy it on the deposit of use and occupation charges. The applicants were instructed not to deal with the property or create any third-party rights or encumbrances until further orders. The application was disposed of accordingly.

Issue 2: Release of passport and permission to travel outside the country
In this matter, the respondent sought the release of his passport and permission to travel abroad within specific dates. The respondent had already been discharged by an order dated 15.05.2017, with no stay on the operation of the entire order except for the release of the attached properties. Considering that the original trial court record was received and with the Registry, the court directed the release of the respondent's passport. The respondent was allowed to travel abroad as per the provided itinerary, with an obligation to inform the Department upon return and not to undertake any actions prejudicing the ongoing proceedings. Any future travel outside the country required permission from the court. The applications were disposed of with an order for Dasti under the signatures of the Court Master.

These judgments address the specific requests for modification of orders related to the release of attached property and the release of a passport for international travel. The court balanced the interests of the parties involved, ensuring that the property remained attached while allowing the applicants to occupy it under specified conditions. Similarly, the court granted permission for international travel with strict guidelines to safeguard the ongoing legal proceedings. The decisions reflect a nuanced approach to addressing the concerns raised by the parties within the framework of the applicable laws and regulations.