Sanjib Banerjee, J.—The first defendant Bank has applied for a permanent stay of the suit and, in the alternative, for this suit to be transferred to the Debts Recovery Tribunal where the first defendant has instituted recovery proceedings against the plaintiff as the principal debtor and the other defendants as guarantors under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act. 1993. The Bank says that the alleged cause of action of the plaintiff in this suit is so inextricably connected to the Bank’s claim made before the Tribunal that it would be embarrassing if the two actions proceeded in the two Fora. The Bank suggests that in view of the mandatory provisions of the said Act of, 1993 the civil Court must relinquish its authority in favour of the Tribunal in matters relating to claims and counter-claims between Banks and their constituents.

2. Some fundamental issues have arisen, not the least of them being the constitutional issue as to the arisen of the inalienable obligation of the judiciary in the matters relating to adjudication. For, whatever law may be enacted and whatever statute may be cited, if there is a doubt it has to be resolv