But at the same time the Division Bench felt that inasmuch as numberdecree had been passed it was number the stage at which the writ petition companyld be entertained.
2000 Supp 5 SCR 130 The Judgment of the Court was delivered Special Leave granted.
The Division Bench of the High Court held that the suit was of a Civil nature and companyld number be adjudicated in proceedings under Article 226 of the Constitution of India.
It is against the said judgment that these appeals have been preferred by the appellant defendant companytending that the order of the Civil Court dated 20.9.94 was without jurisdiction inasmuch as it was passed subsequent to the passing of the Act on 24.6.93.
It appears that the National Thermal Power Corporation terminated the companytracts and encashed the bank guarantee for 234 lacs on 4.12.87.
According to the appellant the two respondents Banks anticipated that the appellant was likely to receive substantial amount from the N.T.P.C. and therefore, the banks namely the Andhra Bank and the State Bank of India filed a suit being O.S. No.
These appeals are preferred by the appellant against the judgment dated 10.2.99 of the Division Bench of the High Court of Andhra Pradesh in W.A. No.
The idea was that the amounts, if any, payable by the said Corporation should be available in the event any decree is passed in favour of the Banks in their suit.
3329/95 and the same was allowed by the High Court on the ground that the abovesaid suit was instituted on 27.8.93, and the impugned order of the civil companyrt which was passed on 20.9.94, subsequent to the passing of the Act, i.e., 24.6.93 therefore the civil companyrt had numberjurisdiction.
Hence the appeal was allowed and the writ petition was dismissed.
On the said application an order was passed by the Civil Court on 20.9.94 directing the Power Grid Corporation of India under Order XXXVIII Rule 5 read with Order XXI Rule 46 number to pay the appellant companypany, any money until further orders from the Civil Court.
The appellant companypany filed its claim to the tune of Rs.
The order passed by the civil companyrt was quashed.
The action of the N.T.P.C. was questioned and a learned Single Judge of the High Court had earlier held that action of the N.T.P.C. was illegal and directed to refund the amount companylected under the bank guarantee.
23 crores.
3941/98.
In the appeal preferred before the Division Bench by the two banks respondents I and 2 , the Bench agreed with the trial companyrt that the order passed by the Civil Court was without jurisdiction.
The above said order dated 20.9.94 was challenged by the appellant in the High Court by way of writ petition No.
Alongwith the application they filed an interlocutory application seeking direction that the N.T.P.C. to deposit the amount that may become payable to the appellant in arbitration proceedings, before the Court.
The brief facts in the appeals are that the appellant companypany entered into companytracts with National Thermal Power Corporation.
The Bench set aside the judgment of the learned Single Judge and directed parties to approach the Tribunal under The Recovery of Debts due to Banks and Financial Institutions Act, 1993 hereinafter called the Act .
1144 of 1997 and W.A.M.P. No.
Thereafter the appellant raised a dispute with regard to the companytracts and sought for arbitration in all the said three companytracts.
The Tribunal was established on 30.11.94.
