Judgment

Dr. B. S. CHAUHAN, C. J. :- This writ petition has been filc9 for quashing the impugned order dated 11-9-2008 (Annex. -2) by which proceedings have been initiated by the Debts Recovery Tribunal. Cuttack (hereinafter referred to as• the "Tribunal") for execution of a decree passed by the Civil Court by issuing the show cause and further challenging the order dated 20-11-2008 (Annex. 4) by which the objection submitted by the petitioner that the original application filed by the Bank was not maintainable before the Tribunal on the ground that the decree had been passed by the Civil Court on 25-7-2006 for a sum of Rs. 7.96.660/- with P.I. and F.I. etc. subsequent to the amendment. Thus the application was barred by the provisions of Section 31 (A) of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as the 1993 Act').

2. The facts and circumstances giving rise to this case are that the opposite party No. 1 - State Bank of India filed an Original Application before the Tribunal on the factual matrix that the said bank after considering the application made by the present petitioner/defendant sanctioned a loan of Rs. 5 lakhs in the f