ABHAY M. NAIK, J.

1. This petition has been preferred against the judgment dated 23.07.2004 (Annexure P-15) passed by the Debt Recovery Tribunal, Jabalpur in appeal No.09/2004 and judgment dated 20.07.2005 (Annexure P-17) passed by Debt Recovery Appellate Tribunal, Allahabad in appeal no.433/2004.

2. Relevant facts in short are that respondent No.1 initiated C.S.No.7-B/97 in the Court of District Judge, Shajapur for recovery of Rs.12,59,589/-against the petitioner and respondents No.2 to 11. On formation of Debt Recovery Tribunal, on enforcement of Recovery of Debts Act of 1993 the civil suit was transferred to the Tribunal at Jabalpur as T.A.No.160/1998 which was allowed on 20.09.1999 and accordingly the judgment was passed in favour of the Bank, against the petitioner and respondents No.2 to 11 vide Annexure P-1. The property mortgaged in security of the loan was attached on 22.12.2001 vide Annexure P-3, in execution case bearing T.A.Ex.No.49/2000. Notice for its auction was issued on 22.10.2002, vide Annexure P-4. According to the terms and conditions of the auction, successful bidder was required to deposit 25% of his bid amount with the Recovery Officer of the Debt Re