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2017 (3) TMI 1895 - DELHI HIGH COURTImposition of travel restrictions on a defaulting borrower/guarantor - whether the Tribunal constituted under the Recovery of Debts Due to Banks & Financial Institutions Act, 1993 has the power in terms of the provisions of the said Act to impose travel restrictions on a defaulting borrower/guarantor ? - HELD THAT:- Supreme Court in the case of Allahabad Bank, Calcutta [1999 (9) TMI 767 - SUPREME COURT], referring to Sections 19(6) (as existed) [presently Section 19(12)] and 22(1) has held that the Tribunal is not bound by the procedure laid by the Code of Civil Procedure. The Tribunal can travel beyond the Code of Civil Procedure and the only pre-condition is that it has to observe the principles of natural justice. The power of the Tribunal under sub- section 6 of Section 19 to pass injunction or stay orders is not exhaustive but the width and amplitude of the powers can be gathered from Section 22(1). The Supreme Court also observed Rule 18 of the Tribunal enables the Tribunal to pass orders to secure ends of justice. The Tribunal has in the penultimate para held that there is no material to show to the Tribunal that if the respondents 1 and 2 are permitted to travel abroad, they are not likely to return back. The same is a finding of fact and nothing has been shown to us nor any material placed in support of this stand of the petitioner Bank. There are no merit in the present petition. The same is dismissed.
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