DHARAMPAL BANSAL Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Objection raised by the Registry is overruled.

(2.) Admit. Issue notice to private respondent no. 4.

(3.) Having heard learned Counsel for the applicant petitioner and on going through the papers on record, it transpires that there is a dispute over the possession of truck bearing registration no. HR 46-A 9157. This truck was basically owned by late Mr. Malkeet Singh, husband of Smt. Karamjeet Kaur (respondent no. 4). Said truck was under the hypothecation of some bank. EMIs were being paid to the bank by Mr. Malkeet Singh. Lateron during his lifetime, Malkeet Singh entrusted the possession of the said truck to the applicant petitioner Dharampal Bansal under some agreement. The latter continued to pay the installments to the bank. Somehow, Smt. Karamjeet Kaur, on the behest of Baldev Singh, President of the Truck Union, moved an application to Sub Divisional Magistrate, Bajpur for taking the said truck back from the possession of Dharampal Bansal.