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Issues: Whether suits filed by a bank for recovery of outstanding dues pending in the civil court when the Debt Recovery Tribunal was established constituted claims for "debt" under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and stood transferred to the Tribunal by operation of law.
Analysis: The definition of "debt" under section 2(g) covers a liability alleged as due from a person to a bank, whether secured or unsecured, and whether payable under a decree or otherwise, provided it is subsisting and legally recoverable on the date of the application. The Act confers exclusive jurisdiction on the Tribunal under section 17 and bars civil court jurisdiction under section 18 in respect of matters within that field. Section 31 provides for automatic transfer of every pending suit or proceeding whose cause of action would have fallen within the Tribunal's jurisdiction if arising after its establishment. The bank's suits were for recovery of amounts said to be outstanding and legally recoverable, and the respondents' defence did not displace the subsisting liability for the limited jurisdictional enquiry.
Conclusion: The suits were proceedings for recovery of debt within the meaning of the Act and stood transferred to the Tribunal by operation of section 31; the High Court's contrary view was and the trial court's transfer orders were .