Sachchidanand Jha, J.

1. These two writ petitions between the same parties involving the same point have been heard together and are disposed of by this common order.

2. The facts of the case may be noticed from the writ petition in CWJC No. 1367 of 1998(R). The petitioner, State Bank of India, granted cash credit facility to the extent of Rs. 28.77 lakhs to respondent No. 2, Jai Steel Industry, on June 12, 1989, against equitable mortgage of the immovable properties including the factory premises. As the said respondent defaulted in repaying the dues, the petitioner-bank instituted Mortgage Suit No. 76 of 1996 seeking a money decree in the court of the first Subordinate Judge, Dhanbad. The said suit on transfer under the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, is now pending before the Debts Recovery Tribunal at Patna. It appears that the income-tax liability of the proprietor of Jai Steel Industry, Shri T.N. Malhotra, was assessed by the income-tax authorities at Rs. 89,48,174 for recovery of which Certificate No. 82 of 1994-95 and Certificates Nos. 4, 5, 6 and 7 of 1997-98 were instituted before the Tax Recovery Officer, Dha