GURBACHAN SINGH SALUJA Vs. DEBTS RECOVERY TRIBUNAL

JUDGEMENT

(1.) THIS writ petition is taken up for disposal at the admission stage itself with the consent of the learned counsel for the parties.

(2.) THE prayer in this writ petition is that the order dated 23.04.2009 passed by the Debts Recovery Tribunal -II, Delhi, in O.A. 97/2009 restraining the petitioners from leaving India without prior permissionof the Tribunal be set aside to that extent.

(3.) 09.2009, the Tribunal passed the order that due to paucity of time the order in respect of said application could not be prepared and the date of 20.10.2009 was fixed for pronouncement. The learned counsel appearing for the petitioners drew our attention to paragraph No. 1 of the application which has been filed before the Debts Recovery Tribunal. The said paragraph has reference to a Division Bench judgment of this Court in W.P. (C) No.9576/2007 entitled Sanjeev R. Apte v. I.F.C.I. Ltd. and Ors. dated 21.05.2008. The said Division Bench decision pertains to the very question in issue before the Debts Recovery Tribunal i.e., as to whether a direction can be given by the Debts Recovery Tribunal restraining a person from travelling. The Division Bench in the case of Sanjeev R. Apte (supra) was clear and categorical that no such restriction can be placed by the Debts Recovery Tribunal. The relevant portion of the said decision is as under: -