1. The appellant was original respondent no.1 in Special Civil Application No.1424/2009. In this appeal, the appellant has challenged a judgement and order dated 6.5.2009 passed by the Learned Single Judge in the petition filed by respondent no.1 herein.

2. Brief facts leading to the appeal are as follows:

2.1 Respondent no.1 was one of the Directors of M/s. R.K. Taneja Fashion Fabrics Pvt. Ltd., a company incorporated under the provisions of the Companies Act 1956. Said company had availed of loan for cash credit facility from the present appellant-Bank of Baroda by mortgaging besides other properties, property of the original petitioner being immovable property situated at Buland Shahar, Uttar Pradesh(here-in-after referred to as the suit property ).

2.2 Since the loan availed of by the company was not repaid, the appellant bank filed Original Application No. 31/1996 before the Debt Recovery Tribunal, Ahmedabad on 25.1.1996 seeking recovery of Rs. 1,37,83,441/- with interest.

2.3 Debt Recovery Tribunal, Ahmedabad passed a decree on 18.4.2006 in favour of appellant bank. In the petition, original petitioner i.e. present respondent no.1 has stated that he was not aware whethe