VEENA MADHUKANT Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The learned Single Judge being of the opinion that an important question of law has been raised and canvassed in the writ petition, has referred this Petition for our consideration and decision. The question referred for our consideration is "whether a woman can be arrested and detained in civil prison in proceedings for recovery of debt certified by the Debts Recovery Tribunal".

(2.) We have heard the learned counsels appearing for the parties to the lis and Mr. K. George, whom we had requested to assist us in the matter.

(3.) The Recovery of Debts Due to Banks and Financial Institutions Act, 1993, hereinafter for the sake of brevity and convenience is referred to as Act, 1993, is enacted to provide for the establishment of Tribunals for expeditious adjudication and recovery of debts due to banks and financial institutions and for matters connected therewith or incidental thereto. The resources of the Banks and Financial Institutions are backed by public deposits, public borrowings and budgetary allocations. Being public funds, they are required to have a special procedure to enforce their own demands. Since the emphasis is on the recovery of dues, the Legislature has provided a special machinery for such recoveries, but those procedure are more or less akin to the procedure prescribed under the Code of Civil Procedure and the provisions of the Income Tax Act.