Hon'ble Judges/Coram:
Dr. D.Y. Chandrachud, C.J.I. and J.B. Pardiwala JUDGMENT
J.B. Pardiwala, J.
For the convenience of the exposition, this judgment is divided in the following parts:
1. Since the issues raised in both the captioned appeals are same, the parties are also the same and the challenge is also to the self-same judgment and order passed by the High Court those were taken up for hearing analogously and are being disposed of by this common judgment and order.
2. For the sake of convenience, we clarify that the Appellant herein is an auction purchaser, the Respondent No. 1 is the Borrower, the Respondent No. 2 is the Guarantor and the Respondent No. 3 is the Bank (Secured Creditor).
3. These appeals are at the instance of an auction purchaser left high and dry by the Respondents herein and is directed against the common judgment and order passed by the High Court of Judicature at Bombay in Writ Petition No. 9523 of 2023 with Interim Application (ST) No. 21706 of 2023 (for impleadment) by which the High Court allowed the writ petition filed by the borrowers and thereby directed the Bank to permit the borrowers to redeem the mortgage of the secured asset more particularly after the auction proceedings attained finality.
FACTUAL MATRIX
4. It appears from the mater........