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TMI Blog2019 (10) TMI 594X X X X Extracts X X X X X X X X Extracts X X X X ..... ction issued on 23.04.2019 that non-applicants-respondent Mr. Athar Zia, Mrs. Sheeza Zia Mr. Mohammad Zulfiqar Ullah Siddiqui are not to leave the country without prior permission of this Tribunal is made absolute - Accordingly, it is directed the aforesaid persons are not to leave the country without prior permission of this Tribunal. Impounding of passport - HELD THAT:- The Resolution Professional - applicant is granted liberty to move an appropriate application, if so advised, to the passport authorities under Section 10 or Section 10A of the Passport Act, 1967 for impounding of the passport of the non-applicant-respondent Nos. 1 to 3. The rejection of the prayer in that regard shall not be construed any bar on the right of the Reso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Resolution Process was initiated in respect of Basic India Ltd. -Corporate Debtor when the petition was admitted on 12.10.2018 and the applicant was appointed as IRP who later was confirmed as RP on 06.11.2018. The averments and allegations made in the application shows that the non-applicant-respondents namely Mr. Athar Zia, Mrs. Sheeza Zia Mr. Mohammad Zulfiqar Ullah Siddiqui indulged in under-value, wrongful and fraudulent transactions. An application under Section 25(2)(j) of the Insolvency Bankruptcy Code has already been filed in that regard which is pending. Reference has been made to the apprehension expressed by the CoC that in the face of direction for Forensic Auditor, the Ex-Director/Promoter of the Suspended Board of Dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essional and the Bank of India are related, some allegations have been made. It is alleged that the Resolution Professional has retired as DGM of Bank of India. According to the reply a reference has also been invited to the email sent by the RP on 16.02.2019 and 15.04.2019 seeking some clarification in respect of the observations made by the forensic auditor which have been furnished. It has thus been asserted that the family of Mr. Athar Zia-non-applicant-respondent No. 1 is living in India having been employed or working in Delhi and therefore there is no possibility for them to flee the country. The non-applicant-repsondent No. 3 who is father of non-applicant-respondent No. 2 is a Retd. Sqadren leader of Indian Air Force and a senior c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Ld. Counsel in a large number of cases such like people have taken refuge in foreign lands and has engaged the state authorities in unnecessary litigation. Therefore, it is necessary to issue direction to the non-applicant-respondent not to leave the country and surrender their passport. 9. Mr. Abhay Kaushik, Ld. Counsel for the non-applicant-respondent has however argued that the right to travel abroad is a basic human right for it nourishes independent and self-determining creative character of individual. In that regard reliance has been placed on the observations made by Hon'ble the Supreme Court in Ms. Menaka Gandhi v. Union of India [1978] 1 SCC 248 and Satish Chandra Verma's case (Supra). It has further be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould prevent them to flee this country. Therefore, the direction issued on 23.04.2019 that non-applicants-respondent Mr. Athar Zia, Mrs. Sheeza Zia Mr. Mohammad Zulfiqar Ullah Siddiqui are not to leave the country without prior permission of this Tribunal is made absolute. Accordingly, we direct the aforesaid persons are not to leave the country without prior permission of this Tribunal. 11. Insofar as impounding of passport is concerned we accept the submission made on behalf of non-applicants-respondent Nos. 1 to 3 that the jurisdiction to impound the passport vests in the passport authorities under Section 10 or under Section 10A of the Passport Act, 1967. In that regard we follow the view taken by the Hontle Supreme Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. Mohammad Zulfiqar Ullah Siddiqui shall not leave the country without taking prior permission of this Tribunal and the direction issued in that regard on 23.04.2019 (supra) are made absolute. 2. The Resolution Professional - applicant is granted liberty to move an appropriate application, if so advised, to the passport authorities under Section 10 or Section 10A of the Passport Act, 1967 for impounding of the passport of the non-applicant-respondent Nos. 1 to 3. The rejection of the prayer in that regard shall not be construed any bar on the right of the Resolution Professional-applicant to move the passport authorities. 14. The application stands disposed of in the above terms. - - TaxTMI - TM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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