ATTACHMENT OF PASSPORT
N.J. MISHRA
(Querist) 17 January 2011
This query is : Resolved
MEMBER PLEASE GUIDE.
A PERSON WAS APPOINTED AS A CHIEF OFFICER FOR A SHIP, PRIOR TO HIS APPOINTMENT A CONTRACT WAS EXECUTED. HE HAS ABONDONED THE EMPLOYEMENT AND HAS JOINED SOME OTHER COMPANY. NOW COMPANY WANTS TO RECOVER ALL THE AMOUNT INCURRED BY THE COMPANY ON HIS TRAINING AND VARIOUS OTHER EXPENSES. IF COMPANY FILES A RECOVERY SUIT AND IF THE OPPOSITE PARTY DOES NOT COME TO THE COURT, IN THAT EVENT THE COURT WILL PASS EX-PARTE ORDER. WHETHER THE COURT CAN ATTACH PASSPORT OR CONTINOUS DISCHARGE CERTIFICATE (SEAMAN'S BOOK) WITHOUT WHICH SEAMAN CANNOT SAIL. IF NOT THEN WHAT WILL BE THE OTHER REMEDY. THE PERSON IS NOT HAVING ANY PROPERTY IN HIS NAME.
Khaleel Ahmed Mohammed
(Expert) 17 January 2011
It is totally depend upon the terms and conditions of service contract.If the employer company has any right to recover the amount of expenditure made towards the training of employee, the company can file a civil suit against the employee.Pass Port is not the property of any individual, it the property of the Government.Court can not attach the passport,the meaning of attachment is not limited, but court can pass order in criminal cases to surrender the passport before the court.
Amit Minocha
(Expert) 17 January 2011
agree with expert but I donot think criminal case is maintainbale
Kirti Kar Tripathi
(Expert) 17 January 2011
I agree with Mr. Khaleel. Since there exist a contract between you and company, which was breached by you. certainly the employer has got a right to clam the damages under the law. But the same could only be by filing of Civil suit. In that suit the attachment of property can be done in accordance with the provisions of C.P.C and only those properties can be attached, which are specifically belongs to party. Since passport of a person is government property, though it is issued in the name of one individual, can not be attached. similarly CONTINOUS DISCHARGE CERTIFICATE can not be attached.
N.J. MISHRA
(Querist) 18 January 2011
the property is not in the name of the opposite party who has breached, then what will be the next procedure for recovery and also his whereabouts are not known.
Kirti Kar Tripathi
(Expert) 18 January 2011
he can be arrested. court can issue warrant, it is for the police to search him.
N.J. MISHRA
(Querist) 18 January 2011
warrant would be issued at the time of passing exparte order or it may be issued after filing of execution decree.
Khaleel Ahmed Mohammed
(Expert) 18 January 2011
You are advised hereby consult with your local lawyer, he will guide you better in person.
