ORDER :

[Sonia Gokani, J.]

1. The petitioner is aggrieved with the order of Debt Recovery Tribunal – II, Ahmedabad (for short “the DRT”) passed in Appeal No. 9 of 2019 in Transfer Recovery Proceeding No. 39 of 2012 with the following factual details :

2. A demand Notice was issued in the year 2003 by the respondent No.1 – Bank of Baroda against the original debtors and thereafter, in the year 2009, the attachment was levied as per the directions of the Court. The dispute in the present petition is in relation to the property bearing Plot No. A/2/208 located in GIDC Estate at Sarigam, Valsad.

3. Mortgage originally was created as per the Bank with GIIC which had the first charge over the property situated at Gujarat and at the time, the contention was also raised with regard to the original defendant having agreed to create the second charge on the land, building plant and machinery belonging to it being Plot No. A/2/208, GIDC Estate, Sarigam, Valsad. The Presiding Officer of the DRT, Mumbai had referred only to two properties which were mortgaged namely Flat No.10 in Sita building and Flat No. 704 in the very building. The property in question at the time of recovery proceedings was