Valmiki J Mehta, J.

The petitioner company by this writ petition under Articles 226 and 227 of the Constitution of India challenges the order dated 27.4.2009 passed by the Debt Recovery Appellate Tribunal (DRAT). The sequence of the orders of the three authorities below is as under:

(i) The first order dated 28.3.2007 is passed by the Recovery Officer in favour of respondent No. 1 herein- auction purchaser. The sale in favour of the auction purchaser was confirmed by the Recovery Officer.

(ii) The second order is of the Debt Recovery Tribunal (DRT) dated 23.11.2007 accepting the appeal of the petitioner company and setting aside the order of the Recovery Officer dated 28.3.2007.

(iii) The third is the impugned order of the DRAT whereby it accepted the appeal of the auction purchaser-respondent No. 1 herein, and set aside the order dated 23.11.2007 of the DRT meaning thereby the sale of the auction property in favour of respondent No. 1 was confirmed. It is this order which has been challenged by the borrower-petitioner company.

2. The facts of the case are that the respondent No. 2 herein filed an Original Application (OA) No. 141/2000 for recovery of its dues inter alia again