- (1.) Special leave granted.
(2.) These appeals are preferred by the appellant against the judgment dated 10-2-1999 of the Division Bench of the High Court of Andhra Pradesh in W.A. No. 1144 of 1997 and W.A.M.P. No. 3941/98. 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').
(3.) The brief facts in the appeals are that the appellant company entered into contracts with National Thermal Power Corporation. It appears that the National Thermal Power Corporation terminated the contracts and encashed the bank guarantee for 234 lacs on 4-12-1987. 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 collected under the bank guarantee. The Division Bench of the High Court held that the suit was of a civil nature and could not be adjudicated in proceedings under Article 226 of the Constitution of India.;