1. By Writ Petition Nos.1714 of 2016, 1718 of 2016 and 1719 of 2016 The Palus Sahakari Bank Ltd. has impugned the Judgment and Order dated 5th November, 2015 in Revision Application No. 166 of 2015, Revision Application No. 165 of 2015 and Revision Application No. 164 of 2015 filed by Respondent No.1 under Section 154 of the Maharashtra Cooperative Societies Act, 1960 (for short the said MCS Act) thereby setting aside the order of auction of various properties passed on 10th April, 2015.

2. Writ Petition Nos. 11258 of 2016, 11259 of 2016 and 11260 of 2016 are filed by the auction purchasers inter alia praying for setting aside the order dated 5th November, 2015 passed by the learned Divisional Joint Registrar in the aforesaid three Revision Applications filed by Respondent No.1. By consent of parties all these six Writ Petitions were heard together and are being disposed of by a common Judgment.

3. Some of the relevant facts for deciding these six Writ Petitions are as under:-

Respondent No.1 in Writ Petition Nos. 1714 of 2016, 1718 of 2016 and 1719 of 2016 had borrowed various amounts from Palus Sahakari Bank Ltd. (Hereinafter referred to as “the said bank”). Respondent No.2 in Writ Petition Nos. 1714 of 2016, 1718 of 2016 and 1719 of 2016 are hereinafter referred to as “said borrowers”. The Petitioners in Writ Petition Nos. 11258 of 2016, 11259 of 2016 and 11260 of 2016 are referred to as the “auction purchasers”. The borrowers had executed various documents in favour of bank including registered mortgage deed in respect of some of the properties and committed default in repayment of the loan to the said bank. The said bank then filed three separate applications under Section 101 of the Maharashtra Co-operative Societies Act against the borrowers before the learned Assistant Registrar, Co-operative Societies, Sangli. The Assistant Registrar issued separate certificates under Section 101 of the Maharashtra Co-operative Societies Act, 1960 against the borrowers. The borrowers did not challenge those certificates issued under Section 101 of the said Act. The bank thus initiated the steps for recovery of the dues by executing the recovery certificates.

4. The Special Recovery Officer submitted a proposal to the District Deputy Registrar, Co-operative Societies, Sangli to fix the upset price under the provisions of the said MCS Act. The District Deputy Registrar issued letters of hearing dated 22nd January, 2014 for fixing the auction price to Respondent No.1 and also to the Special Recovery Officer and kept hearing on 6th February, 2014. On 28th July, 2016 the learned District Deputy Registrar fixed different upset prices in respect of the properties which are the subject matter of these petitions. The Special Recovery Officer thereafter attached the properties and issued public notices dated 10th February, 2015 to the effect that the possession of the properties of the borrowers was taken. When the said public notice was issued in daily newspaper “Lokmat”. The possession of the properties was taken on 2nd February, 2015 after giving notice dated 15th January, 2015.

5. On 4th March, 2015 the Special Recovery Officer issued a notice of sale under Section 107(ii)(c) of the said rules to the Petitioner and also to the sureties. On 5th March, 2015, the auction notice was published by the said Special Recovery Officer. In respect of property bearing Gat.No.410 the highest bid was received to Rs.3,03,000/- and Gat.No. 200 is concerned, the highest bid was received for the sum of Rs.4,29,000/- totaling into Rs.7,32,000/-. The borrowers did not pay any amount pursuant to the notice of demand issued by the Special Recovery Officer within the time contemplated under the said rules or even thereafter. The Special Recovery Officer thus completed the auction in respect of the said properties in question. The highest bidders are the petitioners in other three petitions.

6. The Special Recovery Officer, thereafter issued notice on 10th Apr