1. Heard Sri Udaya Holla, the learned Senior Counsel appearing for the appellant and the learned counsel appearing for the respective respondents.

2. We do not find any error in the order dated 15.12.2022 passed in W.P.No.16968/2022 as the learned Single Judge has referred to the factual aspects of the matter as well as relevant provisions of law. As such, we are of the view that the appeal is devoid of merits and the same deserves to be dismissed. Accordingly, the appeal is dismissed.

3. Sri Udaya Holla, the learned Senior appearing for the appellant submits that the appellant is a Housing Cooperative Society and the members of the said Society are awaiting payment of the amounts due to them. He further submits that a direction be issued to respondent No.4 to conduct a fresh auction process and conclude the same within time bound. Submission is placed on record.

4. Accordingly, we direct respondent No.4-Assistant Registrar and Recovery Officer to conduct a fresh auction process and conclude the same as expeditiously as possible, but not later than three months from the date of receipt of a copy of the order passed today.

5. As we are directing respondent No.4 to conduct fresh auction process, respondent No.6, who had admittedly deposited the entire bid amount beyond the stipulated period as observed by the learned Single Judge, would be entitled for refund of the bid amount.

6. The learned counsel for respondent No.6 submits that respondent No.4 be directed to refund the bid amount in favour of respondent No.6. Submission is placed on record.

7. Accordingly, we direct that the bid amount deposited by respondent No.6 shall be refunded to respondent No.6 along with interest at 6% p.a. within a period of four months from today. Respondent No.6 is also at liberty to submit his claim afresh and participate in the auction process.

8. Needless to say that respondent No.4 shall assess the claim of respondent No.6 on merits.

9. We make it clear that respondent No.1 has not raised any grievance for the proposed auction process.

10. An authenticated copy of the order passed today shall be furnished to the learned Additional Government Advocate to communicate the same to respondent No.4. Apart from this, the learned Additional Government Advocate may also communicate this order to respondent No.4, as a measure of abundant caution.

11. In view of disposal of the appeal, the pending interlocutory applications do not survive for consideration and are accordingly disposed of.