JUDGMENT

GUPTA, J.

( 1 ) THIS appeal brought on a certificate of fitness granted by the Kerala High Court arises out of a proceeding under the Kerala Agriculturists Debt Relief Act, 1970.

( 2 ) THE first respondent had an overdraft account with the Catholic Bank of India Limited since 1954. An order for the winding up of the Bank was made sometime in May, 1957. On a claim being filed by the official liquidator against the first respondent, the High Court of Kerala on 8/01/1963 made an order asking the first respondent to pay a sum of Rs. 5130/10 p. with future interest at the rate of 6 per cent per annum on the principal amount of Rupees 4663/39 p. This order was presumably made under Section 45d (4) of the Banking Regulation Act. 1949 (hereinafter referred to as the Central Act ). On 1/05/1970 Rs. 5130/10 p. was recovered from the first respondent leaving a balance of Rs. 2375/80 p. carrying interest at 6 per cent per annum still to be realized. Sometime in July, 1970 the Kerala Agriculturists Debt Relief Act, 1970 (hereinafter referred to as the Kerala Act) came into force. A few days after the Kerala Act came into operation, the first respondent applied to the High Court under Se