Sanjay Kumar, J.

The petitioner firm assails the order dated 16.11.2015 passed by the Debts Recovery Tribunal, Hyderabad (hereinafter, the Tribunal), in S.A.No.233 of 2015 and the order dated 07.09.2016 of the Debts Recovery Appellate Tribunal, Kolkata (hereinafter, the Appellate Tribunal), confirming the same in appeal, in Tender No.165 of 2015/75. It also seeks a declaration that the auction sale held by the State Bank of Hyderabad (now, the State Bank of India) (hereinafter, the bank) on 23.03.2015, pursuant to the auction notice dated 16.02.2015, is illegal.

2. By order dated 27.10.2016 passed in W.P.M.P.No.44379 of 2016 filed in this writ petition, this Court took note of the petitioner firms positive statement made across the bar that the entire dues of the bank had been deposited and were lying in a deposit and directed the fourth respondent in the writ petition, the auction purchaser, who was in possession of the property, not to make any encumbrances until further orders.

3. Facts, to the extent relevant, are as follows: The petitioner firm availed loan facilities from the bank but as default was committed in repayment, the bank initiated recovery proceedings under the