JUDGMENT

J.B. PARDIWALA, J.

By way of filing this petition under Article 226 of the Constitution, the petitioner seeks to challenge judgment and order passed by the Debt Recovery Appellate Tribunal at Mumbai in Appeal No. 287 of 2010 with N.A No. 1170 of 2010, whereby the Appellate Tribunal allowed the appeal preferred by respondent No.1 herein against judgment and order passed by Debt Recovery Tribunal-I, Ahmedabad, in Appeal No. 51 of 2010.

2. The facts relevant for the purpose of deciding this petition can be summarized as under:-

2.1 Petitioner is a company registered under the Companies Act. Respondent No.3 herein had availed of financial assistance from respondent No.2 Bank of India. While availing of financial assistance from respondent No.2, respondent No.3 mortgaged property bearing Plot No. 46/A, Block No. 430, 432 situated at Ashwamegh Industrial Estate, Changodar, Ahmedabad. As respondent No.3 was unable to repay the loan amount, Bank initiated proceedings under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest