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2019 (9) TMI 1327

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..... has moved this application at the last minute that we grant him leave to travel abroad. That is to fulfill his commitments and the statements made in the affidavit on oath are accepted as undertakings to this Court. It is stated that the petitioner-applicant will fly out of India on 22 nd September, 2019 and return by 21st October, 2019 - Though the applicant has set out at Exhibit-A, the itinerary and addresses in Singapore and in Dubai and has also provided the contact numbers, that the petitioner-applicant shall strictly abide by this schedule and return to India by 21 st October, 2019. The conditions imposed by this Court in its earlier order on 21st August, 2019, would continue to bind the petitioner-applicant. The applications of the .....

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..... 2019, till 21st October, 2019. 5 Since the applicant's advocate mentioned this matter yesterday evening and stated that the application will be moved, but should be placed today i.e. 19th September, 2019, as the journey of the petitioner is to commence from tomorrow i.e. 20th September, 2019, we took up this application out of turn. 6 On this application, the contesting respondent - State Bank of India is present. Mr. R.M. Kadam, learned senior counsel appearing on behalf of the second respondent bank would submit that in the garb of seeking permission to travel abroad, the applicant-petitioner has virtually set at naught the Circular as also the proceedings before the Debts Recovery Tribunal at Jabalpur in the State of Madhya Prade .....

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..... Lookout Circular. He would have a point to urge before this Court that such Lookout Notices and Circulars cannot be issued in purely civil proceedings on the application made by the banks and refusing the leave to travel abroad. Today, the position is that the DRT, Jabalpur is seized of the Original Application of the bank. That is stated to be pending. In the Original Application No.107 of 2019, pending before the DRT at Jabalpur in the State of Madhya Pradesh, the applicant can make the necessary requests and that Tribunal would duly consider it and pass appropriate orders in accordance with law. Should those orders be not to the satisfaction of the petitioner- applicant, it is always open for him to challenge the same in appropriate lega .....

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