(1) IN view of the judgment rendered by a learned Single Judge of this Court on 15th December, 1995 in the case of UCO Bank vs. Concast products Ltd. (now in liquidation) reported in 1996 (1) CLJ 380, the appellant bank chose to file the suit in this Court on 28th August, 1996. The suit was filed after obtaining specific leave from this Court to institute the suit under section 446 of the Companies Act, 1956. Leave was granted by Honble Mr. Justice Shyamal Kumar Sen by order dated 20th August, 1996. Soon after institution of the suit the plaintiff filed an application for amendment of the plaint, to make a minor correction in the amount claimed. The second application was an interlocutory motion seeking injunction and attachment before judgment against respondent Nos. 2 and 3. Thereafter, the original respondent No. 3 (substituted respondent Nos. 3a to 3d) moved an application for rejection of the plaint and/or dismissal of the suit. All these applications were filed in the year 1996-97. It is not disputed that prior to the filing of the aforesaid suit The Recovery of Debts Due to Banks and Financial Institutions act, 1993 (hereinafter referred to as the Act of