J.B.PARDIWALA, J.

1. The present Appeal is at the instance of the original petitioner, a debtor, and is directed against the order dated 3rd December 2009 passed by a learned Single Judge of this Court in Special Civil Application No.9849 of 2009 and thereby the learned Single Judge rejected the writ-petition preferred by the appellant herein, challenging the notice dated 11th September 2009 issued by the respondent – Bank with regard to auction of the property mortgaged with the respondent – Bank in the year 1999 while availing of a loan facility to the tune of Rs.7 lac. Facts relevant for the purpose of deciding this Appeal may be summarised as under :

(1) In the year 1999, the father of the appellant had availed of a cash credit facility from a cooperative bank registered under the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as, 'the Act of 1961') named Unnati Cooperative Bank Limited to the tune of Rs.7 lac.

(2) The appellant herein stood as a guarantor, and by way of security, mortgaged the property with the bank, being Shop No.13, admeasuring 31.78 sq.meters, situated at Bank Road, Mandvi, Vadodara.

(3) As the father of the appellant was unable to repay the outstanding amount availed under the cash credit facility, the Bank preferred a Lavad Suit No.251 of 2003 against the appellant and others under Section 96 of the Act of 1961.

(4) It appears as the record reveals that the aforesaid Lavad Suit was not contested, and on 4th August 2003, a consent award was passed, by which, the appellant and others were directed to pay a sum of Rs.10,41,746=00 to the Bank.

(5) Record also reveals that after the passing of the consent award, an amount of Rs.2,61,000=00 was paid to the Bank and the Bank was also requested for payment of the balance amount in monthly installment of Rs.15,000=00 each..

(6) It appears that the Bank acceded to the request of the appellant to make payment of the balance amount in monthly installment of Rs.15,000=00 and, accordingly, thereafter a further sum of Rs.2,30,000=00 was paid in installments.

(7) Record further reveals that on 10th April 2006 one Minesh Bhalchandra Pathak, Branch Manager of the bank was appointed as Special Recovery Officer under the provisions of the Act of 1961.

(8) As there was default in making monthly installment payment as agreed upon by the Bank, the possession of the mortgaged property was taken over by the Bank on 10th May 2006.

(9) It appears that thereafter a major development took place. On 18th June 2006, Unnati Cooperative Bank Limited, a Bank registered under the Gujarat Cooperative Societies Act, 1961, got merged with Cosmos Cooperative Bank Limited, a Multi Schedule Bank registered under the Multi-State Cooperative Societies Act, 2002 (hereinafter referred to as, 'the Act of 2002').

(10) Record further reveals that on 9th September 2009, the appellant preferred a representation to the Bank, namely, Cosmos Cooperative Bank Limited, pointing out that extensive damaged has been caused to the furniture, fixtures and stock lying in the property in question i.e. the shop. The appellant also showed his willingness to make the payment of the balance amount as was due and payable at the time of taking of possession of the mortgaged property.

(11) On 11th September 2009, the Bank i.e. Cosmos Cooperative Bank Limited, Pune, issued a public notice of auction in exercise of powers under Section 159 of the Act of 1961 read with Rule 96 of the Gujarat Cooperative Societies Rules, through its authorized officer.

(12) The auction notice dated 11th September 2009 issued by the Cosmos Cooperative Bank Limited in exercise of powers under Section 159 of the Act of 1961 was challenged by the appellant herein by filing Special Civil Application No.9849 of 2009, substantially on the ground that the appellant had obtained loan from Unnati Cooperative Bank Limited, a Bank registered under the Act of 1961 and the said Bank was taken over by a Multi-State Bank and, therefore, aft