JUDGMENT

M.R. Shah, J.

Feeling aggrieved and dissatisfied with the impugned judgment and order dated 30.07.2021 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 dated 19.01.2011 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:

One Vaishnavi Hatcheries Company Limited, of which respondent no.1 herein is the Director (hereinafter referred to as the 'borrower'), borrowed loan from the appellant-bank and one Vaidanath Nagari Sahakari Bank. As a security to the said loan, four properties, i.e., survey nos. 102, 440, 437 & 439 were mortgaged. Property survey No. 439 was mortgaged with Vaidanath Bank, property survey No. 437 was mortgaged with the appellant-bank and property survey Nos. 440 & 102 were jointly mortgage