S. Manikumar, J.

1. Challenge in this civil revision petition is to the order made in M.A. No.131 of 2013 dated 11.03.2015 passed by the Debts Recovery Appellate Tribunal, Chennai.

2. Facts deduced from the supporting affidavit and the materials on record are that, originally Export and Import Bank of India, through its General Manager, Bangalore, has filed O.A. No.326 of 2002 against Vintage Foods & Industries Ltd, represented by its Managing Director and five others, for the following reliefs:

(a) This Hon'ble Tribunal be pleased to issue a Recovery Certificate to the Applicant to recover from the Defendant Nos.1 to 3 jointly and severally an aggregate sum of Rs.21,76,42,758.42 in respect of the Loan and the Funded Interest Loan, as more particularly set out in the said Statement of Claim, produced herewith and marked as Annexure 'N' to this Application, (including stamp duty of Rs.6,00,000/- and incidental expenses incurred by the Applicant on behalf of Defendant No.1 in respect of the Deed of Simple Mortgage dated 4.5.2002, as requested by Defendant No.1 vide its letter dated 28.2.2002 produced herewith and marked as Annexure "Q") together with further interest at the rate of 17% per annum and additional interest by way of liquidated damages @ 2% per annum from the date of the Application till payment.

(b) this Hon'ble Tribunal be pleased to declare that:-

(i) The movable fixed assets of the 1st defendant (as more particularly described in Annexure 'B-1' to this Application), are legally and validly hypothecated and charged in favour of the Applicant towards the payment of the amounts due by the 1st Defendant to the Applicant as more particularly set out in the Statement of Claim annexed as Annexure 'N' to this Application.

(ii) The immovable properties of the 2nd defendant at Southegowdana village and Gokere village, Bangalore District, in Karnataka (as more particularly described in Annexure 'F-1' to this Application) are legally and validly mortgaged in favour of the Applicant and that the Applicant is entitled to enforce the same.

(iii) The immovable properties of the 1st defendant situate at Plot No.21/B KIADB Industrial Area, Phase II, Survey No.97 of Kumbalgodu Village, Bangalore and Plot No.222/14, 5th Main Corner, Bellary Road, Sadashivnagar, Bangalore - 560 080, both in the State of Karnataka, (as more particularly described in Annexure 'C-1' hereto) and also at Survey Nos.523/1B and 524/2, Athiyur Village, Tirupattur, Vellore District, in the State of Tamil Nadu (as more particularly described in Annexure 'D-1' hereto), are legally and validly mortaged in favour of the Applicant and that the Applicant is entitled to enforce the same.

(c) (i) this Hon'ble Tribunal be pleased to order attachment and sale of the immovable properties of the 1st defendant described in Annexure 'C-1' and 'D-1' by way of enforcement of the mortgages created by the 1st defendant in favour of applicant. (ii) This Hon'ble Tribunal be pleased to order attachment and sale of the immovable property of the 2nd defendant as detailed in Annexure 'F-1' here to) by way of enforcement of the Mortgage by deposit of title deeds created by 2nd defendant in favour of applicant.

(d) this Hon'ble Tribunal be pleased to appoint such person as it may deem fit as Receiver of the said immovable properties of the 1st defendant situate at Kumbalgodu village and at Sadashivnagar in Bangalore (as detailed in Annexure 'C-1' and 'D-1') and of the Movable Fixed Assets of the 1st Defendant (briefly described in Annexure 'B-1' to this Application), with all powers as provided by law, including the power of sale and direct the Receiver to sell the said immovable properties and the said movable fixed assets on such terms and conditions as this Hon'ble Tribunal may deem fit and hand over the sale proceeds to the applicant towards satisfaction of the applicant's claim herein according to its entitlement and in case of any shortfall to recover the same from the defendan