Shyamal Kumar Sen, J (oral). : This appeal is directed against the judgment and order of the learned Single Judge, wherein the learned Single Judge declined to grant leave to the appellant to file application before Self Recovery Tribunal rectifying of its claim against company in liquidation. Short facts involved, inter alia in this appeal is that an application was filed under section 446 of the Companies Act, 1956, read with rules 6 & 9 of the Companies (Court) Rules, 1959, for leave to file application before the Debts Recovery Tribunal for recovery of its claim against the company (in liquidation). The Bank being the mortgagee, is entitled to move an application before the Debts Recovery Tribunal only and as such prayed for leave. In support of his contention that such application can only be filed before the Debts Recovery Tribunal, Mr. Mukherjee, learned advocate for the appellant, has referred to sections 17, 18, 31 & 34 of the Recovery of Debts due to Banks & Financial Institutions Act, 1993. Mr. Mukherjee has also relied upon the following decisions:-

i) Industrial Credit & Investment Corporation of India Ltd. vs. Srinivas Agencies & Ors., reported in (1996) 4 SCC