R. Subhash Reddy

1. This writ petition is filed by State Bank of India, Main Branch, Hyderabad, seeking Writ of Certiorary, to quash the order, dated 18.02.2015 (wrongly mentioned as 11.03.2015 in the prayer portion) and the order, dated 11.03.2015 (wrongly mentioned as 15.03.2015 in the prayer portion), passed by the 1st respondent-Debts Recovery Appellate Tribunal, Kolkata, in Appeal No.177 of 2013, by declaring the same as illegal, and consequently allow Application No.311 of 2013 (Old I.A.No.935 of 2012).

2. Respondent No.3 is a Company and respondents 4 to 6 are its Directors and guarantors. They have committed default in repaying the debt due to the petitioner-Bank for the loan facilities granted under “Metal Gold Scheme”. The petitioner-Bank has filed O.A.No.556 of 2011 before the 2nd respondent-Tribunal on 14.11.2011 for recovery of a sum of Rs.18,06,07,335-44 p.s. together with future interest. The petitioner-Bank has also filed another O.A. in O.A.No.490 of 2011 for recovery of a sum of Rs.7,82,39,368/- due under the “Metal Gold Scheme” from another Company, namely, M/s.MBS Impex Pvt. Ltd. of respondents 4 to 6. Along with the said O.As., the petitioner-Bank has als