(Uday Umesh Lalit, Indu Malhotra and Hmeant Gupta, JJ.)
Smriti Madan Kansagra ______________________________ Appellant;
v.
Perry Kansagra ___________________________ Respondent/Applicant.
Miscellaneous Application No. 2066 of 2020 In Civil Appeal No. 3559 of 2020, decided on November 3, 2020
Miscellaneous Application No. 2066 of 2020 and Civil Appeal No. 3559 of 2020
The Order of the court was delivered by
Order
1. In the majority judgment (authored by Hon’ble Ms. Justice Indu Malhotra), one of the directions issued1 in paragraph 20 was as under:
“(c) Perry will apply and obtain a fresh Kenyan passport for Aditya, Smriti will provide full co-operation, and not cause any obstruction in this behalf.”
2. This Miscellaneous Application has been filed submitting inter alia:
“3. In this regard, it may be considered that the Respondent had queried the Competent Authority in Kenya in relation to obtaining a Kenyan Passport for Master Aditya Vikram Kansagra on an earlier occasion and the Respondent had been informed that a Passport would be issued only after the child travels to Kenya on the strength of a one-time travel document issued by the High Commission of Kenya in New Delhi and after the child is present in person in Kenya.
4. Accordingly, in view of the said response by the Authorities in Kenya, by way of the present Application, the Respondent prays that the condition in relation to applying for and obtaining a Kenyan Passport for Aditya Vikram Kansagra be made applicable only after the child reaches Kenya with the Respondent.”
3. It is thus asserted that on the strength of One-Time Travel Document issued by the High Commission of Kenya in New Delhi, Aditya Vikram Kansagra will be able to travel to Kenya and that it is only after his arrival in Kenya that a Kenyan Passport will be issued in his name.
4. The application and the assertions made therein are not objected to. However, Mr. Prosenjeet Banerjee, learned Advocate submits that instead of an Affidavit of a Pairokar or an Attorney, for the purposes of record, let there be an appropriate Affidavit of Mr. Perry Kansagra in support of the application.
5. We, therefore, grant the request made in the application. We direct that an affidavit supporting the assertions made in the application shall be filed by Mr. Perry Kansagra as early as possible and preferably within ten days.
6. It may be recorded that an Affidavit of Undertaking in terms of the directions issued in aforesaid paragraph 20 has already been placed on record by Mr. Perry Kansagra.
7. Mr. Anunaya Mehta, learned Advocate for Mr. Perry Kansagra also submits that the amount of Rupees One Crore as directed in said paragraph 20 be allowed to be transmitted through Electronic SWIFT Transfer/Online Bank Transfer mode into the account of the Registry of the Supreme Court.
8. We accept the prayer and direct the Registry to furnish the relevant details to the learned Advocate instructing Mr. Anunaya Mehta, Advocate to facilitate transmission of money through Electronic SWIFT Transfer/Online Bank Transfer mode.
9. Miscellaneous Application is, accordingly, disposed of.
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1 Smriti Madan Kansagra v. Perry Kansagra, 2020 SCC OnLine SC 887
