ORDER

Rusia, J : As the identical issues are involved in all the aforesaid writ petitions, therefore, they are being decided by this common order. For the sake of convenience, facts narrated in W.P. No.5494/2021 are being taken into consideration.

The petitioner has filed the present petition being aggrieved by the order dated 9.2.2021 passed by Debt Recovery Appellate Tribunal (DRAT), Allahabad in Appeal No.344/2020 whereby the objection in respect of deposit of 50% of the debt due before entertaining the appeal on merit has been rejected.

The facts of the case, in short, are as under :

1. Respondents No.1 to 4 (hereinafter referred to as “the borrowers” for short) took financial assistance by way of a home loan to the tune of 1,50,00,000/- from respondent No.5 – Bank of Baroda (hereinafter referred to as “the bank” for short). In order to secure the loan, the borrowers had mortgaged their property situated at Survey No. 542/2/2/1, Patwari Halka No.18, Junior Dewas, District Dewas. Upon committing the default of returning the loan amount, the bank issued a demand notice dated 3.8.2019 under section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as “SARFAESI Act” for short) for a debt of Rs.,140,81,936/-. Thereafter, a possession notice was issued on 10.10.2019. The borrowers approached the Debt Recovery Tribunal (DRT) by filing Securitization Application (SA) No.652/2019. The bank withdrew the above notice and issued a fresh notice dated 13.1.2020 u/s. 13(2) of the SARFAESI Act for the demand of Rs.1,40,81,936/- as outstanding debt from the borrowers. Again, the bank withdrew this notice, therefore, the aforesaid SA was dismissed as having been rendered infructuous. According to the borrowers, approximately Rs.72,99,970/- has been paid to the bank.

2. The bank has published the possession notice in daily newspapers on 24.3.2020 during the nationwide lockdown period due to Covid-19. Thereafter, the bank issued a sale notice under 8(6) of the Security Interest Enforcement Rules, 2002 and put the mortgaged property to auction on 17.8.2020. The borrowers again approached the DRT by way of SA No. 240/2020 on 14.8.2020. The bank has conducted the auction proceedings on 17.8.2020 in which the present petitioner as one of the bidders offered the highest bid of Rs.1,55,10,000/-. After acceptance of his highest bid, he deposited an amount of Rs.37,77,500/- on the same day. The Authorised Officer allowed the time till 30.10.2020 for depositing the remaining 75% of the total amount. Thereafter upon deposition of the remaining amount the bank has finalized the sale and the sale certificate was registered on 23.11.2020 in favour of the auction purchaser i.e. the petitioner and he was put into possession.

3. Vide order dated 13.11.2020, the learned DRT has dismissed the SA as no irregularity was found in the measures taken by the bank for recovery of the entire debt.

4. Being aggrieved by the aforesaid order, the borrower approached the DRAT by way of Appeal No.344/2020 along with an application seeking waiver of deposit of amount under section 18 of the SARFAESI Act. The said application was opposed by the present petitioner and the bank as well. Vide order dated 9.2.2021, learned DRAT has held that the bank has already recovered the debt, hence, there is no amount of debt due, the requirement of pre-deposit is satisfied and the borrower/appellants are not required to tender any amount towards the condition of pre-deposit for entertaining the appeal u/s. 18 of the SARFAESI Act.

5. Being aggrieved by the aforesaid order, the auction purchasers, as well as the bank, have filed the present writ petitions before this Court. The writ petitions came up for consideration on the question of interim relief and vide order dated 18.1.2022 the Division Bench of this Court has held that the demand notice was for a sum of Rs.1,40,81,936 and the bank has recovered Rs