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2005 Supreme(Ker) 89

B.SUBHASHAN REDDY, KURIAN JOSEPH
Smt. Annai Jayabharathi – Appellant
Versus
The DEBT Recovery Tribunal – Respondent


Judgment :-

Subhashan Reddy, C.J.

At issue, is the power of the Debts Recovery Tribunal to order impounding of Passport of the defendant facing the claim for recovery of debt by the Bank/Financial institution?

2. The appellant is the unsuccessful writ petitioner challenging the order of the Debts Recovery Tribunal (for short “the DRT”) in ordering impounding of her passport. Other persons against whom such impounding has been made are not parties before this Court, and, as such, we need to confine the adjudication only in respect of the appellant.

3. Mr. C. Unnikrishnan, the learned counsel, submits that when a question of law has been raised before the learned Single Judge regarding the power and jurisdiction of the DRT in ordering impounding of passport, the learned Single Judge ought to have decided the same instead of relegating the appellant to the DRT.

4. The appellant, along with others, raised loans from the second respondent-Bank in connection with her business of partnership firm of which she is the Managing Partner. Admittedly, the business concern of the appellant is not running well, and, there are huge debts and the second respondent’s case is that the debts outweigh the






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