1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.7633 OF 2011 WITH WRIT PETITION NO.7636 OF 2011. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders CORAM : S.V.GANGAPURWALA,J. Date : 03.10.2011. PER COURT : 1. Heard. 2. The petitioner assails the order passed by the Motor Accident Claims Tribunal, deleting the original defendant No.3 State Bank of India from the array of the defendant/Respondent. 3. Mr.P.B.Patil, learned counsel for the petitioner submits that the Bank is a necessary party. The vehicle was hypothecated with the Bank and it was the duty of the Bank to pay the premium of the Insurance. As the Bank has neglected to pay the premium of Insurance Policy, the Bank is also liable and specific averment was made in the claim petition also. The Bank has not raised any 2 objection and the Court suo-motu could not have deleted the Respondent No.3. 4. Even the facts are taken as they are on the basis of the claim petition, the Bank is alleged to have hypothecated the said vehicle and financed loan to the owner. 5. Simply because the vehicle is hypothecated with the Bank, the Bank does not become liable to pay compensation for any accident that takes place involving the said vehicle. 6. In view of that, the order impugned can not faulted with. As such the Writ Petition is dismissed. However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) Dt.03.10.2011. asp/office/wp7633.11 3