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ix) That in the Title Deed it is mentioned that on the south side of the plot there is a common road having width 26ft. 10 inches. Whereas on site there is no such common road in existence, nor any such common road is shown in the "Aks Shajra".

Company Appeal (AT) (Insolvency) No. 931 of 2020

x) It is further case is that no map of the land showing any such common road is attached to the Title Deed in the record of the Sub Registrar from where the certified copy has been procured. It is nowhere mentioned in the purported Title Deed that this common road means any road common with the Respondents or that the common road is inside the boundary wall of the Corporate Debtor or that the access to the demised property is from the common road. The Title Deed is also silent as to who is the owner of the common road or it is a Government land.

14. It is further submitted that the Title Deed it is mentioned that on the south side of the plot there is a common road having width of 26 ft. 10 inches.

15. It is further submitted that the Appellant have admitted, in his plant, there is a common passage having a width of 26 ft. and 10 inch. In between the Appellant and Respondent company's and both are using said common passage for their transportation. The said plot is sold by showing the passage as common in the Memorandum of Understanding and Registered Sale Deed. Copy of the Memorandum of Understanding is annexed as marked as Annexure - R/5 (at page 40 to 42 of the Reply Affidavit). Company Appeal (AT) (Insolvency) No. 931 of 2020

19. Schedule -1 'property details and position' (supra) which is filed in the Reply Affidavit at page 42 that site map has been filed with shows that on the south side of the plot there is a common road, this fact has not been denied by the Appellant. This fact has also been mentioned in the Title Deed, so taking this fact and all the submissions advanced by the parties, we are of the view that the Ld. Adjudicating Authority has rightly pass the impugned order and rightly said in para 8 of the impugned order which is read as under;