DEBANGSU BASAK, J.

1. Two writ petitions have been taken up for hearing analogously as they involve the same parties and similar issues. In any event the learned Advocates appearing of the parties have given their consent for hearing of the two writ petitions analogously. Both the writ petitions have been filed by a co-operative bank. W.P. No. 19263 (W) of 2006 being filed first in point of time is referred to as the first writ petition while W.P. No. 19264 (W) of 2006 being second in point of time is referred to as the second writ petition.

2. The challenge in the first writ petition is an order passed by the appellate Tribunal dated July 25, 2006 in Appeal Case No. 56 of 1998 by which it has held that, a co-operative bank is required to approach the Debts Recovery Tribunal established under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 for realization of claims in excess of Rs.10 Lakhs against a borrower.

3. The challenge in the second writ petition is the order passed by the appellate Tribunal in Appeal Case No. 33 of 1999 dated July 21, 2006 by which the appellate Tribunal has allowed the counterclaim of the borrower made against the bank.

4. Lea