1. Heard Mr. Mihir Thakore, learned Senior Advocate with Mr. V.C. Vaghela for the petitioner and Mr. Ronak B. Raval, learned AGP for the respondents.
2. Mr. Thakore has relied upon the judgment of this Court in the case of Baroda City Cooperative Bank Ltd. Vs. (The) State of Gujarat & Ors, reported in 2010 (2) GLH 525 and has pointed out that as the debt of the petitioner Bank is a mortgaged and secured debt, the State has no priority. The pencil entry ordered to be made by the Director of Sugar which is already executed by the authority, is erroneous. Mr. Thakore submitted that the petitioner Bank has HC-NIC Page 1 of 2 Created On Thu Jun 08 01:45:57 IST 2017 SCA/8597/2012 2/2 ORDER already sold the properties in question.
3. In view of the aforesaid, the matter requires consideration. Hence, RULE returnable on 22.10.2012.
4. In the meanwhile, the order of statusquo as regards the mutation entry granted by this Court vide order dated 24.7.2012 shall continue till final disposal of this petition. Direct service is permitted.
[R.M.CHHAYA, J.] mrpandya HC-NIC Page 2 of 2 Created On Thu Jun 08 01:45:57 IST 2017