Mr. Hemant Gupta, J.: - The challenge in the present writ petition is to an order dated 2.9.2011 (Annexure P.14) passed by Debts Recovery Appellate Tribunal whereby an appeal filed by respondents No.2 to 4 was allowed for the reason that the said respondents are tenant in the property mortgaged in favour of the Bank and that such tenant cannot be evicted from the premises without due process of law. Subsequently, the Bank filed an application for clarification of the order that the Bank is already in possession but the said application was dismissed on 22.09.2011 (Annexure P.16) observing that if the premises are occupied by the tenant, then the tenant cannot be evicted without due process of law. Therefore, no further clarification was required to be made by the Tribunal.

2. The Petitioner Bank advanced loan to Respondent No.5 – Rishab Refractories Ltd. (for short ‘the Borrower’). The borrower mortgaged his land and building of the factory by deposit of title deeds in terms of Section 58(f) of the Transfer of Property Act, 1882 (for short, `the Act’). An entry of equitable mortgage by deposit of title deeds was made in the Register of the Bank on 5.11.1997 (Annexure P.5).