Judgment

G.T. Nanavati J. - Leave granted. Heard learned counsel for the par­ties.

2. The appellant bank filed two civil suits - one against Ballabh Das & Sons and its partners and the other against Ballabh Das & Co. and its partners - in the Court of District Judge at Jaipur for recovery of its dues of Rs. 75,46,921/- and Rs. 56,36,200/- on 24.3.83 and 2.7.84 respectively. During the pendency of the suits, Recovery of Debts due to banks and Financial Institutions Ordinance, 1993 was promulgated by the President of India on 24.6.1993. It was replaced by the Recovery of Debts Due to banks and Financial Institutions Act, 1993 (for short referred to as ‘the Act’). After Debt Recovery Tribu­nal was constituted under the Act at Jaipur, the appellants made two applications on 20.9.94 to the Court for getting the two suits trans­ferred to the Debt Recovery Tribunal. The Court by two separate orders allowed the applications and directed transfer of those suits to the Debt Recovery Tribunal at Jaipur but retained the counter claim filed by the respondents in Civil Suit No. 152 of 1988.

3. Feeling aggrieved by those orders the respondents filed two revi­sions applications (669 of 1995 and 670 o