Return of seized title documents to liquidator permitted where certified copies preserve evidence for the criminal trial.

Original title documents seized in criminal proceedings may be returned to the liquidator when they are needed to complete statutory liquidation and to facilitate sale of the corporate debtor's assets, provided certified true copies are retained on the criminal record. The court addressed the prosecution's evidentiary concern by directing that the certified copies of the listed documents be kept on record and treated as part of the chargesheet and primary evidence in the trial. The refusal to return the documents was therefore set aside, balancing liquidation requirements with preservation of evidentiary value.

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Issues: Whether the original title documents seized in the criminal proceedings should be returned to the liquidator for completion of the liquidation process, while certified copies are retained for use in the trial.

Analysis: The liquidator was under a statutory obligation to complete liquidation within a prescribed time and required the original title documents for sale of the corporate debtor's assets and for enabling prospective purchasers to conduct due diligence and secure financing. The concern of the investigating agency that return of originals may prejudice the criminal trial was addressed by directing preparation and retention of certified true copies of all documents listed in Exhibit-G on the court record. Those certified copies were directed to be treated as part of the chargesheet and as primary evidence in the subject trial.

Conclusion: The original title documents were ordered to be handed over to the liquidator, with certified copies retained on the criminal court record as primary evidence. The issue was decided in favour of the petitioner.

Final Conclusion: The impugned order refusing return of the documents was set aside and the petition succeeded with directions securing both the liquidation process and the evidentiary needs of the trial.

Ratio Decidendi: Where original documents are necessary for statutory liquidation and certified copies can adequately preserve evidentiary value for the pending trial, the originals may be returned to the liquidator while the copies remain on record as primary evidence.

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