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 re