J.P. DEVADHAR, J.

This appeal is filed against the decision of the learned Single Judge dated 15th October, 2012, whereby Chamber Summons No. 1114 of 2012 taken out by the respondent No. 1 has been allowed and the attachment levied by the appellant (original plaintiff) on 14th July 2011 on the immovable property belonging to the respondent No. 2 in execution of a consent decree passed on 6th April, 2011 in Suit No. 1201 of 2011 has been raised.

2. The relevant facts are that from 2006 onwards the respondent No. 2 had availed various credit facilities from the Bank of India ('Bank' for short) for an aggregate amount of Rs. 23 crores by creating various securities in favour of the said bank including a mortgage and charge on the immovable property belonging to the respondent No. 2 viz. Land and building situated at Andheri-Kurla Road, Safed Pool, Village Mohili, Andheri (E), Mumbai - 400072 ('suit property' for short).

3. As the respondent No. 2 failed to pay the instalments, the Bank classified the account of the respondent No. 2 as non performing asset with effect from 31st December, 2010 as per the guidelines framed by the Reserve bank of India. Thereafter, the Bank issued no