STATE BANK OF INDIA Vs. PRAFULCHANDRA V PATEL

JUDGEMENT

(1.) The only question involved in the present appeal is whether the Debts Recovery Tribunal is empowered to prohibit a borrower from leaving the country without prior permission of the Tribunal.

(2.) The brief facts of the case are that the appellant - State Bank of India (hereinafter referred to as 'the bank') preferred OA No. 156 of 2001 before the Debts Recovery Tribunal, Ahmedabad under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as 'the DRT Act, 1993'). The application was filed on 29.3.2001. Though a prayer was made to restrain the defendant - borrowers (the respondents in the present case) from leaving India without prior permission of the DRT, originally no such order was passed.

(3.) That was the stage at which the defendants, the respondents herein, preferred the writ petition challenging the order of the DRAT prohibiting them from leaving the country without prior permission. The learned Single Judge by the impugned judgment dated 18/26.12.2009 held as follows :-