VIPIN SANGHI, J

1. The aforesaid two writ petitions preferred by MMTC Ltd. (referred to as MMTC) (WP (C) No. 2063/2011) and the Union of India (W.P.(C.) No. 4553/2011) -pursued by the Assistant Commissioner of Customs, Noida Export Processing Zone (NEPZ) (referred to as the Customs Department), are directed against the common order passed by the Debt Recovery Appellate Tribunal (DRAT) in Appeal No.166/2005 preferred by the MMTC, in Appeal No.126/2005 (preferred by the Indian Bank) and Appeal No.13/2008 preferred by Customs Department. Since the impugned order is the same and the subject matter of dispute is also the same, we have heard common arguments of learned counsels for the parties and proceed to dispose of both the writ petitions by this common judgment.

2. Before we proceed to discuss the respective cases of the parties on merit, we wish to place on record our anguish about the failure of the parties concerned, i.e. the Customs Department, the MMTC and the Indian Bank to resolve the issues as raised in these petitions on their own, even though they all represent the State. On 14.11.2011, we had put it to counsel for the parties as to why the concerned Secretaries of