Ferdino I. Rebello, J.

A learned single Judge of this Court noticing an apparent conflict with the views taken in Keshrimal J. Shah vs. Bank of India, 2004 (4) Bom. C.R. 842, the judgment in Dr. Anil Nandkishor Tibrewala vs. Jammu & Kashmir Bank Ltd., & Ors., in Writ Petition No.1684 of 2006 decided on 11th July, 2006 on the one hand, and the view taken in Sarvadaman M. Joshi & Ors. vs. The Recovery Officer & Ors., Writ Petition No. 5405 of 2005, accordingly directed the Registry to place the matter before the learned Chief Justice under Rule 28 of the Rules of the High Court of Judicature, Bombay, Original Side, for consideration by a Larger Bench. The questions referred are:-

1. Whether in view of the provisions of Section 29 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 read with Rules 11(1) and 11(6) of the, Second Schedule of the Income Tax Act, 1961 a person against whom an order is passed is entitled to institute a suit in a civil Court, or whether the said order can only be challenged by way of an Appeal under Section 30 of the Act?

2. Whether the provisions of Section 29 of the Recovery of Debts Due to Banks and Financial Institutio