ORDER

1. This appeal is against the order of the Debts Recovery Appellate Tribunal, Mumbai dated 28-10-1996.

2. Briefly stated, the facts are as follows:

The respondents were debtors of the appellant Bank. The appellant Bank filed a suit for recovery of its debt. Pending that suit, the parties arrived at an agreement dated 11-7-1983. The decision of this matter depends on the terms of the agreement. Therefore, the terms of the agreement shall be set out in detail a little later. The appellant Bank filed a second suit for enforcement of this agreement. That suit came to be transferred to the Debts Recovery Tribunal. The Debts Recovery Tribunal by its judgment dated 27-6-1996 dismissed the claim of the appellant Bank on the ground that under the agreement the appellant Bank had taken jewellery in full and final settlement of all its claims. It was also held that the first suit having been withdrawn without leave to file another suit, the second suit was barred under the provisions of Order 23 Rule 1 (4) of the Civil Procedure Code.

3. The appeal filed by the appellant Bank has been dismissed by the impugned judgment. In the impugned judgment it is recognised that a second suit would