SALIL R.UCHIL Vs. VISHU KUMAR

JUDGEMENT

(1.) These intra Court appeals arise out of an order dtd. 17/3/2022 passed by the learned Single Judge by which, the writ petition preferred by respondent Nos.1 and 2 has been allowed in part.

(2.) Sri Bhagavathi Co-operative Bank Limited (hereinafter referred to as 'the Bank' for short) has filed W.A.No.486/2022 whereas, the auction purchaser namely, respondent No.3 in the writ petition has filed W.A.No.477/2022.

(3.) Facts giving rise to filing of these appeals briefly stated are that respondent Nos.1 and 2 had availed financial assistance to the extent of Rs.25,00,000.00 from the Bank. Respondent Nos.1 and 2 committed default in repayment of the loan. Thereupon, the proceeding for recovery of the aforesaid amount was initiated. A sale proclamation was issued for sale of the property of respondent Nos.1 and 2. The appellant in W.A.No.477/2022 was the successful bidder. The aforesaid sale proclamation was challenged by respondent Nos.1 and 2 in the writ petition before the learned Single Judge.