S. J. MUKHOPADHAYA, C. J.

( 1 ) IN both these appeals, as common order is under challenge and common question of law is involved, they are heard together and disposed of by this common Judgment.

( 2 ) THE facts reveal that the lands in question were in possession of the appellants but were mortgaged with Bank of Baroda (hereinafter referred to as the "bank") since 16th february, 2006. The bank, after issuance of notice under Section 13 (2) of The securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as

"the Securitisation Act"), having failed to receive any reply, took steps under Section 14 of the said Act requesting District Magistrate, Rajkot to assist the secured creditor in taking possession of secured assets. The appellants were borrowers/mortgagors or tenants in actual possession of the portion of the property, being aggrieved by such action, preferred an Appeal under Section 17 of the said Act, which was opposed by the Bank on the ground that it has not taken any measures under Section 13 (4) of the Act and thereby appeals under Section 17 were not maintainable. The Presiding Officer, Debt recove