(1.) By way of filing this petition under Article 226 of the Constitution, the petitioner seeks to challenge judgment and order passed by the Debt Recovery Appellate Tribunal at Mumbai in Appeal No. 287 of 2010 with N.A No. 1170 of 2010, whereby the Appellate Tribunal allowed the appeal preferred by respondent No.1 herein against judgment and order passed by Debt Recovery Tribunal-I, Ahmedabad, in Appeal No. 51 of 2010.
(2.) The facts relevant for the purpose of deciding this petition can be summarized as under:-
(3.) We have heard learned Senior Counsel Mr. Mihir Joshi, appearing with learned Advocate Mr. M.B. Gohil for the petitioner, learned Advocate Mr. Rashesh S. Sanjanwala appearing for respondent No.1, learned Advocate Mr. Siddhartha Samal, appearing for respondent No.2 Bank and learned Advocate Mr. Udayan P. Vyas, appearing for respondent No.3, the original borrower.