Jawahar Lal Gupta, C.J.

1. Do the provisions of Recovery of Debts Due to Banks and Financial Institutions Act, 1993, debar the Civil Court from setting aside an ex parte decree passed by it? This is the short question that arises in this appeal. In view of the conflict in judicial opinion, the Division Bench has referred this case to a Full Bench. A few facts as relevant for the decision of this case may be briefly noticed.

2. On May 11, 1994 the appellant took a loan of an amount for Rs. 3,34,000 from the respondent bank. He failed to repay. On October 27, 1998 the bank filed a suit for the recovery of Rs. 8,61,530 with interest. The suit was filed in the Court of the Sub Judge at Thrissur. On June 16, 2000 the Court passed an ex parte decree. The bank's claim was allowed with interest at the rate of 18 per cent per annum from October 27, 1988 till realization. The bank was also held entitled to its costs. The decree was for an amount of more than Rs.11 lakhs, On August 28, 2000 the bank filed a petition, viz. O.A. No.258 of 2000 before the Debts Recovery Tribunal, Ernakulam, for the recovery of the amount. After more than six months, on March 23, 2001, the appellant fil