Honble KOTHARI, J.–Two important questions of law arise for consideration in the present first appeal and on this arguments of not only learned counsel for the appellants and respondents were heard by this Court at length, but besides that learned counsels appearing in other cases involving same question, also addressed the Court in the present appeal as amicus-curiae and they were heard at length.

The questions are-

1) "Whether after enactment of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, ("Securitisation Act" for brief), with effect from 17.12.2002 which contains a bar against exercise of jurisdiction by Civil Courts in Section 34 of the said Act, whether the civil suit involving the banks and financial institutions who have taken measures U/s. 13 (4) of the aforesaid Act can be filed and whether the Civil Court in civil suits filed U/s. 9 of CPC can entertain such suits for deciding inter-se rights between third parties, including borrower of such banks and financial institutions and also impleading banks and financial institutions in such suit?"

2) "Whether the Civil Courts while dealing with such civil suits filed U/s

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