1. Mr.
Bharat Jani, learned advocate for Bank of Baroda during the course of arguments submitted that certain documents like certified copy of the title deeds, etc. which were in possession of the applicant Bank has been handed over to the Official Liquidator. Considering the earlier order passed by this Court, the applicant - Bank of Baroda is directed to file a specific affidavit and produce the title deeds of the land in question belonging to the Company in liquidation as the very basis of this application is advance given by the applicant Bank to the Company in liquidation on the basis of deposit of title deeds. It goes without saying that advance given by the Bank and that too by a nationalized bank like the present applicant would not have been possible on the basis of deposit of certified copy of the title deeds. Therefore, it is necessary for the applicant to specify the same as directed above.
2. To enable the applicant to file such affidavit and produce the original title deeds of the land in question, S.O. to 30.4.2012.
3. Registry is directed to show name of Mr. M.K. Vakharia, learned counsel for unserved respondent No.5 in Official Liquidator Report No.108 of 2010. Mr. M.K. Vakharia, learned advocate for respondent No.5, on instructions, shall file appearance on or before the next date of hearing.
[R.M.CHHAYA, J.] mrpandya Top