Sunil Pandurang Mantri v. Maharashtra Savings
2025:BHC-OS:11873 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 189 OF 2025 IN COMPANY PETITION NO. 947 OF 2014 Sunil Pandurang Mantri ...Applicant In the matter between :
Maharashtra Savings
...Petitioner
Versus
Mantri Realty Limited
...Respondent
And The Official Liquidator and Others
...Respondents
------ Mr. Sahil Mahajan, Mr. Saurabh S. Godbole for Applicant. Ms. Mansi Kaku for Petitioner in CP No. 947 of 2014. Mr. S. K. Halwasia for Passport Authority.
Mr. Rushabh Sheth for OL.
------ Coram : Sharmila U. Deshmukh, J.
Date : 24th July, 2025.
P. C. :
1.
Interim Application has been preferred by ex-director of Company (in liquidation) seeking release of the Passport bearing No. Z1894618 issued on 27th February, 2009 to Applicant for the purpose of renewing/re-issuance of new passport.
2.
By order of 8th January, 2016, this Court in the Company Petition had directed the Applicant to deposit his passport with the 1 of
Prothonotary and Senior Master, High Court of Bombay under the advise to the Official Liquidator. Accordingly, the passport was deposited with the Prothonotary and Senior Master and has remained deposited till date.
3.
Learned counsel for petitioning-creditor as well as the Official Liquidator would raise an apprehension that in event, the passport is renewed, presence of ex-director would not be secured. In view thereof, on the last occasion, direction was given to amend the Application to implead the Union of India, Regional Passport Authority. 4.
Mr. Halwasia appears on behalf of Regional Passport Office. He submits that upon application being made, if the same is in accordance with law, the passport may be renewed or new passport may be issued or the old passport may be cancelled. He would submit that the order should not be construed as direction to the Passport Authority to issue the passport.
5.
The Application seeks release of passport for the purpose of submitting the same to the Passport Authority for re-issuance/renewal of passport. The Passport Authority to decide application of Applicant for renewal/re-issuance of passport in accordance with law. The present order is not to be construed as direction to the Passport Authority to renew or reissue the passport in favor of Applicant. Considering the apprehension expressed by petitioning-creditor and 2 of
the Official Liquidator, in event, the passport is renewed, the Passport Authority to deposit new passport/renewed passport directly to the Prothonotary and Senior Master, High Court of Bombay and in no circumstances, hand over the same to either of Applicant or any of his representatives.
6.
Interim Application is allowed directing the Prothonotary and Senior Master to release Passport bearing No. Z1894618 to Applicant for the purpose of applying to Passport Authority for new passport. 7.
In event, the Passport Authority does not renew/reissue new passport, the old passport to be deposited directly by the Passport Authority with the Prothonotary and Senior Master, High Court of Bombay. In event, passport is cancelled by the Passport Authority for any reason whatsoever, cancelled passport also to be deposited with the Prothonotary and Senior Master, High Court of Bombay. 8.
Interim Application is allowed in the above terms. [Sharmila U. Deshmukh, J.] 3 of