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Judgment
A. Arumugasamy, J
The Banker has filed application i.e. I.A. No. 404 of 2014 before the DRT-I, Mumbai for the order of impounding passport of the defendant Nos. 2 to 6. The DRT has directed the defendant Nos. 2 to 6 to surrender their passports before the Registrar and restrain them from leaving the country, without prior permission of the Tribunal until further orders against which the Appeal has been filed by the appellants/defendant Nos. 2 to 6. The contention of the learned Counsel for the appellants is that the DRT has no power to direct the borrowers/appellants herein to surrender the passports and pass any such interim orders. Hence he prayed that the Appeal has to be allowed. Further he contended that they are going to abroad, their presence is not necessary for trial of the Original Application, their attorney can do it. The next contention raised by the appellants is that they have mortgaged several properties for the recoverable debt due from them can be adjusted by selling the secured assets even during their absence. Under such circumstances, he prayed that the Appeal has to be allowed.
The Counsel appearing for the respondent-Bank contended that the appellants have not made the payment and the total dues is more than Rs. 10,03,83,59,628.48. Therefore he prayed that the Appeal has to be dismissed.
Heard the rival submissions of the learned Counsel for the parties. During the course of the arguments, this Court wanted to know that how many appellants are available in India, for that purpose the Counsel has produced the xerox copies after comparison of the passports of the appellant Nos. 5 and 6 in a sealed cover before the Registrar, The other appellants are concerned, it was represented that they are in abroad, but now the Counsel contended that they are in India. This submission has been recorded by this Court.
While considering the request of the Banker, it is seen that the Bank has filed application after seeing publication in the Times of India Article, they have come forward with the application and their apprehension is some extent has been correct which has been proved by the earlier submission made by the appellant's Counsel that the appellant Nos. 2 to 4 were in abroad till recently.
From the perusal of the order, this Court has to say that the DRT and DRAT has no power to confiscate the passports or cannot direct to surrender the passports and to pass the impugned order. But in this case the default amount is very huge, even though the Counsel for the appellants contended that they can proceed with the properties.
The contention of the learned Counsel for the respondent is that then security is only for less than 10% of the loan amount. Then next question arise in the mind of the Court is how they sanctioned the loan. But anyhow this aspect can be considered at the latter.
The next contention of the learned Counsel for the appellants is that the appellants are not in India there is no bar for the attorney can proceed with the trial which may be correct one. Generally, if the parties are not in India the respective Counsel would report by say no instructions. The Counsel would have proceeded with the trial. In that event again the respondents are in lurch to recover the amount. Therefore, I am of the view that considering the amount due to Bank, this Court has ordered the appellants not to leave the country without permission of the Court.
Since this Court has no power to confiscate the passports or to direct to surrender the passports that portion of the order alone has been set aside. But at the same time, it is for the Banker to communicate this order to the Airport and Passport Authorities and concerned persons for the effective implementation of this order. Hence with these observations, the Appeal is partly ordered.
ORDER
The appellants are directed not to leave the territory of India till the disposal of the case and this order can be communicated by the respondent Bank to the Passport and Airport Authorities for their implementation of the order.