SHIV NARAYAN DHINGRA, J. 1. The plaintiff has filed this suit for recovery of Rs.84,37,759/- from the defendants. One of the employees of plaintiff viz. Raman Kumar in collusion with other defendants played fraud with the bank and siphoned off a sum of Rs.58,16,728/- by a modus operandi, which in detail has been described in the plaint. The present suit is for recovery of the amount which was defrauded by the defendants. During pendency of the suit a question arose whether this suit is to be transferred to the Debt Recovery Tribunal in view of Section 17 of the Recovery of Debts due to Banks and Financial Institution Act, 1993. 2. Section 2(g) of the above Act defines debt as under: debt means any liability (inclusive of interest) which is claimed as due from any person by a bank or a financial institution or by a consortium of banks or financial institutions during the course of any business activity undertaken by the bank or the financial institution or the consortium under any law for the time being in force, in cash or otherwise, whether secured or unsecured, or assigned, or whether payable under a decree or order of any civil court or any arbitration award or otherwise or under a mortgage and subsisting on, and legally recoverable on, the date of the application. 3. It is clear from the definition of debt as appearing under the Recovery of Debts due to Banks and Financial Institution Act, 1993 that only those claims can be made before the Debt Recovery Tribunal where the due amount is a liability arising in course of any business activity undertaken by the bank. No amount claimed by the bank as due from a person, who played fraud, can be considered as a liability claimed by the bank due to business activity undertaken by the bank. Neither the amount defrauded by an employee of the bank in collusion with others can be considered as a debt or liability arising in course of business activity. I, therefore consider that the Tribunal will have no jurisdiction to entertain this claim of the bank. The suit of the bank as filed before this Court is within the jurisdiction. To come up for disposal of all pending IAs on 18th March, 2009.