V. M. KANADE, J.

1. Heard the learned counsel appearing on behalf of the Petitioner and the learned senior counsel appearing on behalf of the Respondents. The Petitioner in this petition is aggrieved by the judgment and order passed by the Debts Recovery Appellate Tribunal, Mumbai (for short the “DRAT”) dated 16th December, 2015 in Miscellaneous Appeal No. 24 of 2012 alongwith Misc. Appeal Nos. 578/2015 and 930/2013.

2. Rule. Rule is made returnable forthwith. By consent of parties, petition is taken up for final hearing.

3. The Petitioner is a public financial institution, as defined under the provisions of the Recovery of Debts due to Banks and Financial Institutions Act, 1993. The Oriental Bank of Commerce had advanced various amounts to Respondent No. 1, who had guaranteed the repayment of the said amount and had mortgaged their properties with the Bank. Since the Respondents were unable to repay the said amount, which was due and payable to the Bank, the Bank filed Original Application No. 89 of 2005 against the Respondents before the Debts Recovery Tribunal-II, Mumbai (for short the “DRT”). The debts, which were due and payable to the Oriental Bank of Commerce, were as