ORDER :

Ruma Pal, J.

Leave granted.

2. The respondent appears on caveat and has made arguments before us.

3. We are of the view, that the order impugned in this case dated 16-4-2003 cannot be sustained. The undisputed facts appear to be that the appellant Bank had filed an application before the Debts Recovery Tribunal (for short "the Tribunal") for recovery of a sum of Rs. 11.87 crores together with interest thereon against the respondents. An application was also filed for interim relief. An ex parte interim order had been passed on 22-10-2001 by the Tribunal in terms of Prayer 7(b) of the application of the appellant for interim relief. Prayer (b) reads as follows:

"That pending hearing and final disposal of the suit, by an order of injunction of this Hon’ble Court, the defendants be restrained from in any manner dealing with, realising, alienating, parting with or creating any encumbrance over the hypothecated/mortgaged securities, hypothecation of goods and book debts described in Exts. B-5 and B-6 hereto and the mortgaged immovable property, more particularly described in Exts. F, G, H, I and J hereto."

4. An application was filed by the respondents contending that Exts. I and J me