Per B.N. Srikrishna, J. -This reference has been made to this Bench for resolving a conflict of opinion between different learned Single Judges of this Court on the issue as to whether the execution proceedings pending before this Court are required to be transferred to the Debt Recovery Tribunal ("DRT") under the Recovery of Debts Due to Banks & Financial Institutions Act, 1993 (hereinafter referred to as the "DRT Act").

2. Since the issue that is raised is a conflict of opinion as to a legal provision, the facts are not very material. Nonetheless this may be pointed out: the plaintiff (Bank of India) obtained a decree in the sum of Rs. 10 lacs against the defendants. The decree was made pursuant to the judgment of this Court dated 17th November, 1986 (per Mrs. Justice Sujata Manohar). The plaintiff took out Execution Application No. 20 of 1991 for recovery of the amount due under the decree. When the execution application was taken out, the Prothonotary and Senior Master has some difficulty in dealing with the matter. There was some doubt raised as to whether such an execution application could be taken out in this Court at all. The reason for the doubt is that by an ord