Whether a suit or other proceeding filed by a bank or financial institution as defined in the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short the Act) and pending adjudication before the Registrar of Co-operative Societies under Kerala Co-operative Societies Act, 1969 (hereinafter referred to as the Societies Act) would stand automatically transferred to the Recovery Tribunal constituted under the Act? If not, dismissal of the suit by the Registrar, instead of returning the same for presentation before the Tribunal, is not improper resulting in miscarriage of justice? These are the questions for consideration in this Original Petition filed in the backdrop of the following facts.

2. Petitioner is a nationalized bank and respondent No.1 is a co-operative society registered under the Societies Act. According to the petitioner, respondent No.1 borrowed a certain sum of money from the petitioner-bank, respondent No.2 executed agreements of guarantees in favour of the petitioner, agreeing among other, to repay the amount found due from the 1st respondent and an amount of Rs.76,10,357/- became due in the account of the 1st respondent as it stood