(1.) Heard learned Senior Advocate Mr.B.S.Patel with learned advocate Mr.Baiju Joshi for the petitioners, learned Senior Advocate Mr.Mihir Joshi with learned advocate Mr.Vinay Bairagar for respondent nos. 6 to 8, learned advocate Mr. Mr.K.K.Trivedi for respondent nos. 3 to 5 and learned AGP Ms.Dhwani R. Tripathi for respondent State.
(2.) These petitions are filed challenging the auction proceedings held on 9/5/2022 by respondent no. 3 - Surat Mercantile Cooperative Bank Ltd., respondent no.4- Recovery Officer of the bank and respondent no.5-Sales Officer of the bank. The petitioners have further prayed for cancelling the Sale Certificate issued in favour of respondent nos. 6, 7 and 8 by the respondent nos. 4 and 5 by finalising the bid in their favour.
(3.) The petitioners of both the petitions have submitted their bids for purchase of property being Industrial Plot No.C-1 having area of 450.24 sq. mtrs, Plot No.C-2 having area of 497.12 sq. mtrs and Plot No.C-3 having area of 424.98 sq. mtrs. situated at Revenue Survey No.352, T.P Scheme No.4, Final Plot No.34 at Katargam, Surat in auction held by respondent nos. 3 to 5 of the aforesaid property belonging to the original borrower namely, M/s. Suryanarayan Silk Mills, a partnership firm and its partners.