JUDGMENT :

The appeal in W.A. No.100103/2021 is by the auction purchaser of the mortgaged properties that secured the repayment of the loans in question; the companion appeal in W.A.No.100109/2021 is by the surety; both these Intra Court appeals seek to lay a challenge to the Judgment & Order dated 06.04.2021 rendered by a learned Single Judge of this Court in borrower’s W.P. No.100312/2021 (GMRES) whereby he has been handed relief; in re. the breach of OTS terms: the respondent Canara Bank’s letter dated 27.01.2021 whereby the OTS offer was withdrawn having been quashed, a direction has been issued to give effect (to accept) to the OTS offer dated 22.01.2021 wherein a sum of Rs.15.20 crore was offered.

2. The contesting respondent borrower having entered caveat/appearance through it’s counsel resists the appeals making submission in justification of the impugned order and the reasons on which it has been constructed; it is pertinent to mention here itself that during the course of hearing, the principal borrower, surety & the auction purchaser were given an option to revive their offers; both the appellants have come up with much higher offers; the appellant surety came forward with