Judgment

CHANDRACHUD, CJI.:- The question which arises in this appeal by special leave is whether a debt owed by the respondent, an agriculturist to the appellant - The State Bank of Travancore - falls Within the purview of the Kerala Agriculturists Debt Relief Act, 11 of 1970. hereinafter called the Act.

2. The respondent had an Overdraft Account with the Erattupetta Branch of the Kottayam Orient Bank Ltd., at the foot of which he owed a sum of over Rs. 3000/- to the Bank. The said Bank which was a Banking Company as defined in the Banking Regulation Act, 1949, was amalgamated with the appellant Bank with effect from June 17, 1961 in pursuance of a scheme of amalgamation prepared by the Reserve Bank of India in exercise of the powers conferred by Section 45 (4) of the Banking Regulation Act and sanctioned by the Central Government under sub-section (7) of Section 45. Upon the amalgamation all assets and liabilities of the Kottayam Orient Bank stood transferred to the appellant Bank. The notification containing the scheme of amalgamation was published in the Gazette of India Extraordinary dated May 16. 1961.

3. The appellant filed a suit (O. S. No. 28 of 1963) in the Sub-Court. Meenac