( 1 ) THERE view application under consideration raises an important question as to the jurisdiction of Debt Recovery Tribunal to hear, try and dispose of the mortgage suits.

( 2 ) THE plaintiff bank has instituted a civilsuit for recovery of an amount of Rs. 1,53,60,063. 41 with costs and interest against the defendants. There are several transactions between the parties. One of them is a mortgage by deposit of title deeds with the plaintiffbank securing the advance made by the plaintiff to the defendants enumerated in the plaint, the deposit of title deeds having been made with the intention of creating an equitable mortgage in favour of the plaintiffbank. The suit is styled as one under [ia 8444/95in S. 1046/95] Order 34 CPC seeking relief of the sale of mortgage property and hypothecated goods as also a money decree for the recovery of the suit amount.

( 3 ) ON 1. 5. 95, this court directed the records of the suit to be transmitted to the Debt Recovery Tribunal on the ground that the suit lay within the jurisdiction of the Debt Recovery Tribunal (hereinafter referred to as the Tribunal , for short ). The order was made at the stage of preliminary hearing in the sui