TaxTMI 
TaxTMI 
1999 (9) TMI 767
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....No. 1238 of 1998. By that order passed under article 227 of the Constitution, the High Court set aside the order dated 30-4-1998 passed by the Presiding Officer, Debts Recov- ery Tribunal, Calcutta under the Recovery of Debts due to Banks and Financial Institutions Act, 1993 ('the Act'). 3. The facts of the case are that the Bank filed a suit under section 19(1) of the Act before the Tribunal on 27-3-1997 for recovery of monies in a sum of Rs. 46.54 lakhs and odd from respondents 1 to 3 and for other reliefs. Pending the case, the Bank applied on 29-3-1997 seeking tempo-rary injunction restraining the respondents from taking any monies or sums from Braitewaite & Co. When the advance copy of the IA was sought to be served on the learned c....
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....of the Debt Recovery Tribunal (Procedure) Rules, 1993. Section 22 reads as follows : "22. Procedure and powers of the Tribunal and the Appellate Tribunal- (1) The Tribunal and the Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice, and, subject to the other provisions of this Act and of any rules, the Tribunal and the Appellate Tribunal shall have powers to regulate their own procedure including the places at which they shall have their sittings; (2) The Tribunal and the Appellate Tribunal shall have, for the purposes of discharging their functions under this Act, the same powers as are vested in a civil court under....
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....to section 22. This Court observed that the Tribunal's powers were [except as stated in sub-section (2)], wider than the powers of a civil court and the only limitation was that it should observe principles of natural justice. Wadhwa, J. stated as follows : "11. We, however, do not agree with the reasoning adopted by the High Court. When section 22 of the Act says that the Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, it does not mean that it will not have jurisdiction to exercise powers of a Court as contained in the Code of Civil Procedure. Rather, the Tribunal can travel beyond the Code of Civil Procedure and the only fetter that is put on its powers is to observe the principles of natural just....
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....conformity with principles of natural justice. We may add that section 19(6) does not in any manner limit the generality of the powers of the Tribunal under section 22(1). It merely states that certain types of injunction or stay orders may be passed by the Tribunal. It is to be noticed that sub-section (6) of section 19 starts with the words. The Tribunal may make an interim order...' The provision is an enabling provision and merely states that certain types of injunction or stay orders mentioned therein can be passed by the Tribunal but such an enumeration cannot, in our opinion, be deemed to be exhaustive nor restricting the Tribunal's powers only to those types of injunction or stay orders. The width and amplitude of the powers are to ....