1. Heard learned counsel for the parties.

2. This petition is directed against the order dated 20 November 2013 passed by the Debts Recovery Appellate Tribunal, Mumbai in Appeal No. 273 of 2013 connected with M.A. No. 886 of 2013.

3. In brief the facts that lead to filing of the present petition are as under:

One M/s. Alwyn Alloys Private Limited, a registered company registered under the Companies Act had approached the respondent No. 1 bank for financial assistance and accordingly, the respondent No. 1 bank had extended various financial facilities to the respondent No. 2 company. As a security, the property in question was mortgaged, which is a flat / apartment, i.e. Flat No. C - 203, on the 2nd Floor of Blue Heaven Apartment C Wing Rebellow Road, Bandra (West), Mumbai. Apparently, the Directors of the company were the guarantors for the credit facilities extended to the 2nd respondent company.

4. The writ petitioners approached the Tribunal contending that behind the back of the petitioners the fraud is committed at the instance of respondent Nos. 2 to 5 by securing the flat in question, which is the absolute property of the petitioner No. 1 (appellant No. 1 in Appeal No. 273 of 20