( 1 ) COMMON questions of law arise for consideration in these two petitions which shall stand disposed of by this common order. The questions relate to the true and correct interpretation of the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and the Rules framed thereunder. The controversy arises against the following backdrop.

( 2 ) O. S. NO. 5063/92 was filed by the Syndicate Bank against the petitioners in W. P. No. 21008/97 in the City Civil Court at Bangalore for the recovery of a sum of Rs. 13,38,263. 45 in connection with two facilities extended to the said petitioner by way of loan and over draft against two sets of documents separately executed for each one of the said facilities. Similarly O. S. No. 14/90, was filed by the respondent Vijaya Bank, against the petitioners in W. P. Nos. 24613-14/97 claiming a decree for a sum of Rs. 177,03,394-89 on account of two facilities one by way of Open Loan Cash Credit and the other by way of Import Letter of Credit facility, extended by the plaintiff/bank to the petitioners. With the coming into force of the Recovery of Debts Due to Banks and Financial Institutions Act, 199