Prabir Kumar Samanta, Chairperson.— This appeal is directed the against judgment and order dated 20.1.2009 passed by the D.R.T., Cuttack in M.A. No. 566 of 2008 which arose out of the Original Application No. 187 of 2008.

2. The applicant-bank filed the aforesaid Original Application seeking recovery of the amount of Rs. 7,01,07,202/- (Rupees seven crores one lakh seven thousand two hundred two only) inclusive of interest up to 31.8.2008 from the defendants along with certain other reliefs. The defendant-borrowers entered appearance in the above Original Application and filed their written statement along with a counter-claim made therein.

3. The aforesaid defendants by making the aforesaid miscellaneous application has raised a preliminary issue as to the maintainability of the above claim case. It has been alleged that Debts Recovery Tribunal (DRT, in short, hereinafter) has no jurisdiction to entertain and try the aforesaid Original Application against these defendants as Article 19 of the Memorandum of Association of the defendant No.1 company clearly stipulates that all disputes shall be subject to arbitration. It has been so contended by the defendants as because the