D. MURUGESAN, J.

1. Both the writ petitions relate to the order passed by the Debts Recovery Appellate Tribunal, Chennai dated 30.9.2010 made in R.A.(S.A.) No.61 of 2010. Writ Petition No.23850 of 2010 is filed by the Indian Bank, Adyar Branch (hereinafter called as "the bank") and Writ Petition No.27432 of 2010 is filed by M/s Nippon Enterprises South, Chennai (hereinafter called as "the tenant).

2. For disposal of both the writ petitions, we refer to the following facts as culled out from the respective affidavits filed in support of the writ petitions. M/s Elke Enterprises had availed certain financial facilities from the bank amounting to a sum of Rs.6,50,00,000/- under open cash credit facility and packing credit facility under the sanction ticket dated 16.10.2007. Those financial facilities were duly secured by creating equitable mortgage over the immovable properties belonging to one Mr.Shyam Narain and Mr.Bharat Shyam Narain situate at Laxmi Narain Towers at Door Nos.71 & 72, Wallajah Road, Triplicane, Chennai. Both the said Shyam Narain and Bharat Shyam Narain stood also as personal guarantors for the financial facilities and created an equitable mortgage by way