( 1 ) VIJAYA Bank, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 has instituted this suit against Shri A. N. Tiwari, Advocate for the recovery of Rs. 10,21,960. 00. In response to the suit Shri Tiwari has moved an application to the effect that since the amount claimed is not "on account of or as a result Of any business activity undertaken by the plaintiff bank as stipulated under section 2 (g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter called the-Act), therefore, the Tribunal constituted under the Act would have no jurisdiction to try the suit and that consequently, the suit be not transferred to it.

( 2 ) THE question, as would be borne out from the preceding paragraph, revolves around the meaning of the term "debt" as defined in section 2 (g) of the Act. However, before I proceed to examine that definition let me first refer to the essentials of plaintiffs claim.

( 3 ) IT appear that the defendant, who is a practising advocate of this court, was on the panel of lawyers of the plaintiff bank and in that capacity he had been entrusted from time to lime wit