D.B. SPECIAL APPEAL (W) NO.1107/2008 (Guru Prakash Bhati Vs. Mitesh Sharma & Ors.) DATE OF ORDER : 11.12.2008 HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr. R.S. Mankad for the appellant. Heard learned counsel for the appellant and perused the impugned order dated 07.11.2008 passed by the learned Single Judge as well as the judgments cited by the learned counsel for the appellant i.e. T.V. Jose (Dr.) Vs. Chacko P.M. Alias Thankachan & Ors., reported in 2002(1) RLW SC 48, P.P. Mohammed Vs. K. Rajappan & Ors., reported in 2004 ACTC 219 and M/s. Amrit Granite Industries Vs. Shri Arvind Sharma & Ors., reported in 2001 (1) WLC (Raj.) 49. The cited judgments by the learned counsel for the appellant are not helpful to the facts of the present case because in the instant case, the vehicle in question was purchased by respondent No.2 Vijay Sharma after taking loan from the ICICI Bank and due to non payment of the loan money, the vehicle was taken in possession by the -2- Bank and further sold to respondent No.1 Mitesh Sharma. Since, the vehicle in question was sold after giving due notice to the respondent No.2 Vijay Sharma, therefore, the learned Single Judge has rightly held that the ICICI Bank sold the vehicle to respondent No.1 Mitesh Sharma on account of non payment of the loan money and the learned M.A.C.T. was perfectly justified in deleting the name of the applicant Vijay Sharma while not treating him liable to pay the compensation. The learned Single Judge while discussing the cited judgments has rightly dismissed the writ petition, which requires no interference by this Court. Accordingly, the Special Appeal stands dismissed summarily. (DEO NARAYAN THANVI), J. (A.M. KAPADIA), J. ms rathore