BHAVNABEN SHANTILAL LAKKAD Vs. HDFC BANK LIMITED

JUDGEMENT

(1.) Both these petitions are directed against the auction sale of cotton bales lying as Pledge under the Pledge Agreement. Considering that the facts are identical and common issues raised in both cases, the matters are taken up for hearing together. However, the facts from Special Civil Application No.13867 of 2016 are recorded hereunder:-

(2.) This petition under Article 226 of the Constitution of India, in connection the case arising out of Section 176 of the Indian Contract Act, is filed with a prayer to quash and set aside the auction notice published by the respondent-HDFC Bank.

(3.) Heard Mr.Mihir Thakore, learned Senior Advocate with learned Advocate Mr.Vishwas K.Shah for the petitioners, learned Advocate Mr.Anip Gahdhi for respondent No.1 and learned Advocate Mr.Vimal Patel with learned Advocate Mr.Hitesh Patel for respondent No.2 in Special Civil Application No.13867 of 2016 and learned Senior Advocate Mr.Anshin Desai with learned Advocate Mr.Jeet Rajyaguru for the petitioner, learned Senior Advocate Mr.Mihir Thakore with learned Advocate Mr.Vishwas K.Shah for respondent Nos.1 to 11, learned Advocate Mr.Anip Gahdhi for respondent No.12 and learned Advocate Mr.Vimal Patel with learned Advocate Mr.Hitesh Patel for respondent No.13 in Special Civil Application No.20244 of 2016.