Can cancellation of passport be done if person is defaulter?

700 votes

No, but you can approach Magistrate with private complaint. ...
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Advocate Kishan Dutt Kalaskar LawRato

595 votes

Sir, u can file a complaint against the defaulter and state the reason above and request the police authority and passport authority and request the same and give them a copy of the complaints logged, and u should first file a FIR against him.

Advocate Arvind Singh LawRato

536 votes

No way as per law they have right to racover your money as a procedure if they want to request the authority they have to take order from court..,before that they notice to you ..,immidiatly not have any procedure to object

Advocate Vedashree A LawRato

801 votes

Hi,

This is with regards to the quarry posted by you on the portal.

We would like to draw your attention to Section 10(h) of The Passports Act, 1967 which is reproduced for your easy reference

“if it is brought to the notice of the passport authority that a warrant or summons for the appearance or a warrant of arrest of the holder of the passport has been issued by a court under any law for the time being in force or if any order prohibiting the departure from India of the holder of the passport, the authority is satisfied that a warrant or summons has been so issued or an order has been so made”

As per the above referred section, the only way you may request the Passport Authority may initiate action against the passport holder is that a summons or warrant has been issued against the holder of the passport.

Hence, if you want the passport of the defaulter to be to be canceled or seized, you may initiate civil and criminal proceedings before the appropriate courts/ tribunal depending on whether the society is a registered society or not, the nature of the loan and terms and conditions of the loan, the security which have been provided for securing the repayment and the nature of default.

If recovery proceedings have already been initiated by the society then the intention of the defaulter of fleeing the country should be made before the said court/tribunal with a request to direct the defaulter to deposit its passport with the court/ tribunal till the matter is disposed off.

Advocate Naman Saraswat LawRato