Vivek Rusia, J.

This order shall also govern disposal of connected W.P. No. 5227/12 as both the petitions involve common facts and grounds and are being decided analogously.

2. For the sake of convenience, facts are taken from W.P. No. 4649/2012. Petitioner has filed the present petition being aggrieved by the order dated 30.09.2010 passed by the Debt Recovery Tribunal, Jabalpur (for short 'the DRT') in Securitisation Application No.72/08 and part of the order dated 11.04.2012 passed by the Debt Recovery Appellate Tribunal, Allahabad (for short 'the DRAT') in Appeal No.R-70/2012 by which auction sale by the bank has been set aside.

3. For ready reference respondent No.1 who borrowed the loan is referred to as “borrower”. Respondent No.2 who is a financial institution advanced loan to respondent No.1 is referred as “bank” and the petitioner who purchased the property in auction sale is referred as “auction purchaser” in the facts of the case.

4. That respondent No.1 borrower took a housing loan from respondent No.2 bank of Rs. 10 lacs. The said loan was disbursed on 28.06.2003. The borrower availed the amount of Rs. 6,00,525/- against the term loan of Rs. 10 lacs from the bank. T