D. Murugesan, J.— This Court is called upon to decide the question as to whether the Debts Recovery Tribunal or the Debts Recovery Appellate Tribunal would have power to direct the borrower or the guarantor to surrender the Passport to the Tribunal and to further restrain the borrower or the guarantor from leaving the country without the written permission of the Debts Recovery Tribunal/the Debt Recovery Appellate Tribunal, as the case may be.

2. The above issue arises under the following circumstances. The petitioner is M/s ICICI Bank Limited, Chennai (hereinafter referred to as ‘the Bank’). Ms Subhiksha Trading Service Limited availed credit facilities in the form of term loan for their retail trading business in the sale of grocery , fruits and vegetables, pharma, mobiles and fast moving consumer goods and also for expansion of their business in the States of Karnataka, Andhra Pradesh and Gujarat. The said facilities were availed in the year 2005. The Third respondent by name R. Subramanian (hereinafter referred to as ‘the respondent’), who is the Managing Director of the said Company, had also executed Personal Guarantee in favour of the Bank guaranteeing the due repaym