Mortgage-backed bank recovery claims fall within tribunal jurisdiction because they remain claims for debt recovery.

A bank's suit for recovery of money secured by mortgage was treated as a debt claim falling within the Debt Recovery Tribunal's jurisdiction under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The Court construed "debt" broadly to include any legally recoverable liability, whether secured or unsecured, and held that a mortgage is only accessory to the underlying liability. Jurisdiction depends on the nature of the recovery claim, not on the particular mortgage reliefs sought under Order 34 CPC. The Act's scheme and overriding effect were read to support speedy recovery of bank dues, so the civil court's jurisdiction was excluded.

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Issues: Whether a suit by a bank for recovery of money secured by mortgage falls within the jurisdiction of the Debt Recovery Tribunal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

Analysis: The expression "debt" in Section 2(g) was construed broadly to include any legally recoverable liability, whether secured or unsecured. A mortgage was treated as involving a debt as its essential ingredient, with the security being accessory to the underlying liability. The Act's scheme, including Sections 17, 19, 25, 28, 31 and 34, was read with its preamble and Statement of Objects and Reasons to give effect to the legislative purpose of speedy recovery of bank dues. The Court held that the Tribunal's jurisdiction is determined by the nature of the claim for recovery of debt, not by the particular mortgage reliefs sought under Order 34 of the Code of Civil Procedure, 1908. The procedural protections under mortgage law were held not to defeat the overriding statutory mandate of the Act.

Conclusion: A mortgage-based claim for recovery by a bank is a debt claim within the Tribunal's jurisdiction and is excluded from the civil court's jurisdiction.

Final Conclusion: The review failed because the earlier transmission of the suit to the Debt Recovery Tribunal was upheld.

Ratio Decidendi: For purposes of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, a claim founded on mortgage security remains a claim for recovery of debt, and the Tribunal's jurisdiction is attracted notwithstanding the form of relief sought under mortgage procedure.

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