TMI Blog1999 (9) TMI 767X X X X Extracts X X X X X X X X Extracts X X X X ..... owers referred to in section 22(1). All that section 22(2) states is that in respect of the type of applications falling under clause (a) to (h), the Tribunal has only powers as are vested in a civil court. As in this case the counsel for the respondents refused to accept notice and that, therefore, the Tribunal proceeded to pass the impugned order. Thus, the Tribunal had conformed to principles of natural justice. The Tribunal was, there- fore, very much within its powers in passing the order in question. The High Court, therefore, erred in holding that the Tribunal had exceeded its jurisdiction and its order is, therefore, liable to be set aside. - CIVIL APPEAL NO. 4999 OF 1999 - - - Dated:- 10-9-1999 - M. JAGANNADHA RAO AND A.P. M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt in its order dated 19-6-1998 held that under section 19(6) the Tribunal had only limited powers to pass interim orders of certain types but that the injunction granted was not of the type enumer- ated in section 19(6). The High Court, therefore, set aside the Tribunal's order. The Bank has filed this appeal. 5 . We have heard the learned counsel on both sides. We shall first refer to the relevant statutory provisions. 6 . The provisions of sub-section (6) of section 19 read as follows : "The Tribunal may make an interim order (whether by way of injunction or stay) against the defendant to debar him from transferring, alienating or otherwise dealing with, or disposing of, any property and assets belonging to him without the prio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments; ( e )reviewing its decisions; ( f )dismissing an application for default or deciding it ex parte, ( g )setting aside any order of dismissal of any application for default or any order passed by it ex parte; ( h )any other matter which may be prescribed." Rule 18 of the Rules states as follows : "18. Orders and directions in certain cases - The Tribunal may make such orders to give such directions as may be necessary or expedient to give effect to its orders or to prevent abuse of its process or to secure the ends of justice." It will be noticed that section 22(1) deals with the powers of the Tribunal and section 22(2) deals with certain specified powers. Rule 18 also deals with the power of the Tribunal to pass or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us enactments while exercising certain powers under those enactments... Further, when power is given to the Tribunal to make an interim order by way of injunction or a stay, it inheres in it the power to grant that order even ex parte, if it is so in the interest of justice " (p. 717) 8 . It is true that in the above case this Court was not concerned with the power of the Tribunal to pass an order of injunction or stay (or an ex parte interim order or stay) other than the type of injunction or stay enumerated in sub-section (6) of section 19. But that in our opinion makes no difference, for the following reasons. 9. The scope and the extent of the powers of the Tribunal are mainly referred to in sub-section (1) of section 22 whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s stated in section 19(6). It may issue notice and after hearing the opposite side, pass orders. Or, it may pass ad interim orders without hearing the opposite side and then give a subsequent hearing to the opposite party and pass final orders. We may also point out that section 22(2) too does not limit the general powers referred to in section 22(1). All that section 22(2) states is that in respect of the type of applications falling under clause (a) to (h), the Tribunal has only powers as are vested in a civil court. 11 . On the facts of the case before us, we have already stated that the counsel for the respondents refused to accept notice and that, therefore, the Tribunal proceeded to pass the impugned order. Thus, the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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