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Judgment
Ashok Menon, Chairperson
After hearing both sides on this application for stay filed by Appellant Bank as I.A. No. 308 of 2023 which is directed against the impugned order of the Debts Recovery Tribunal, Aurangabad (D.R.T.) dated 29.04.2023 refusing to interfere with the travel of the some of the Defendants abroad, this appeal has been filed.
On perusal of the Roznama and the various orders which have been passed by the D.R.T., I find that in Exhibit-5 which is the initial application filed by the Appellant Bank to restrain the Defendants from travelling abroad an interim order has been passed by the Tribunal preventing the Defendants from travelling abroad without first seeking permission of the Tribunal. Several other directions were also made by the Tribunal in that order. The fact remains that Exhibit-5 has not yet been disposed of finally and therefore, as long as the Exhibit-5 order remains, the Respondents would go on seeking permission from the Tribunal to travel abroad and the Tribunal would be compelled to make an order allowing or rejecting their prayer. All these could be set at rest if Exhibit-5 is disposed of by the Tribunal. It is also seen that there are several other interlocutory applications also pending in O.A. No. 196/2016 for quite some time. The Ld. Tribunal shall endeavour to see all these interlocutory applications, more particularly, Exhibit-5 shall be disposed of as expeditiously as possible, at any rate within two months. The counsel appearing for the parties shall not seek any unnecessary adjournments on hearing those applications.
It is submitted by the Ld. Counsel appearing for the Respondents that the permission was sought to travel for a particular purpose which has now become infructuous. Hence, the order which permits their travel abroad is inconsequential. Under the circumstances, whatever has been observed by the Ld. Presiding Officer in the impugned order shall not be influencing the ultimate decision on the applications or the O.A.
The Application and the Appeal are disposed of as above.