1. At the outset it is necessary and appropriate to note that when the application is called out and taken up for hearing, learned advocate for the Official Liquidator has informed the Court that the Chartered Accountant is present in the Court. Mr. Kashi Parekh, Chartered Accountant is present in the Court and he submitted that he would prefer to take assistance of an advocate. He also submitted that for the said purpose he has requested learned advocate Mr.Tanvish Bhatt to represent him in present proceedings.
2. Learned advocate Mr. Tanvish Bhatt is present and he has submitted that he has been instructed by Mr. Kashi Parekh, Chartered Accountant to represent him so far as present proceedings are concerned and particularly so far as the statement made by the Deputy Manager of the applicant bank is concerned. Learned advocate Mr. Tanvish Bhatt is ready to put his submissions and make his stand clear so far as the factual aspects are concerned by tendering appropriate affidavit. He, however, requested for some time to make and tender affidavit on the aforesaid count.
3. Learned advocate Ms. Lodha for respondent bank has also filed affidavit dated 24/01/2012 in connection with Chartered Accountant's report dated 03/01/2012 which is placed on record along with Official Liquidator Report dated 13/01/2012. The copy of the said affidavit has been served on learned advocate for the applicant and learned advocate representing the Official Liquidator as well.
4. Learned advocate Mr. Bhagat for the applicant bank has made submissions with reference to the above referred report dated 03/01/2012 made by the Chartered Accountant and Official Liquidator Report dated 13-14/01/2012. The submissions made by learned advocate Mr. Bhagat have been countered by learned advocate Ms. Lodha. She has also made submissions in response to the submission of learned advocate Mr. Bhagat and also with reference to the above referred report.
5. Learned advocate Ms. Yajnik for Official Liquidator submitted that the Official Liquidator would like to respond to the affidavit filed by respondent no.2 bank. Since, as mentioned above learned advocate Mr. Bhatt representing the chartered accountant has requested for time to tender affidavit of chartered accountant and also in view of the fact that learned advocate for Official Liquidator has requested for time to response to the affidavit of learned advocate, time to both the learned advocates is granted until 31/01/2012. S. O. to 31/01/2012.
6. It is clarified that learned advocate Mr. Bhatt has appeared and is representing the chartered accountant therefore presence of chartered accountant is dispensed with.
(K.M.THAKER, J.) (ila)