DEENADAYAL NAGARI SAHAKARI BANK LTD. Vs. MUNJAJI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 30/7/2021 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Writ Petition No. 570 of 2012, by which the High Court has allowed the said writ petition preferred by respondent no.1 herein and has set aside the auction sale in respect of the lands in question and also ordered that the Sale Certificate dtd. 19/1/2011 executed by the appellant-bank in Civil Appeal No. 818/2022 in favour of the auction purchaser stands cancelled, both, the Bank as well as the auction purchaser have preferred the present appeals.

(2.) The facts leading to the present appeals in a nutshell are as under:

(3.) Shri Sudhanshu S. Choudhari, learned counsel appearing on behalf of the appellants in Civil Appeal No. 818/2022 has vehemently submitted that, as such, respondent no.1 has not deposited even a farthing towards the loan amount since 2010. It is submitted that he even did not deposit the amount in terms of the proclamation dtd. 26/5/2010, nor did he deposit the 5% amount in terms of Rule 107(13) of the MCS Rules, 1961 for seeking setting aside the auction/sale.