Hon’ble Sudhir Agarwal, J.—Petitioner State Bank of Patiala Branch, Rudrapur, Head Office at The Mall, Patiala, through its Branch Manager has come to this Court under Article 226 of Constitution of India assailing the order dated 3.1.2008 of Debt Recovery Tribunal (hereinafter referred to as ‘DRT’) and the appellate order dated 16.10.2008 passed by Debt Recovery Appellate Tribunal (hereinafter referred to as ‘DRAT’) rejecting the appeal.

2. The facts giving rise to the present dispute in brief are as under.

3. The respondent No. 3 M/s Namrata Enterprises Pvt Ltd. sought for credit facility which was allowed by petitioner Bank to the extent of Rs. 95 Lac in 2001; increased to 121.7 Lac on 29.10.2002. Respondent Nos. 4,5,6 and 7 stood guarantor to the said facility extended to respondent No. 3. Respondent Nos. 6 and 7 in addition to personal guarantee also mortgaged their property situated at Kanpur by depositing original title deed and thereby creating an equitable mortgage of property No. 543/9 Block K, Kidwai Nagar, Kanpur.

4. On 30.6.2005 Non-Performance Assets of respondent No. 3 became to the tune of Rs. 93,13,344/- plus interest etc. which was not regularised by responde