NOOR JAHAN BEGUM Vs. STATE OF M. P.

JUDGEMENT

(1.) FACTS in short involved herein are that one Mohd. Shameem Khan had purchased a truck (details are not on record) from Randhir Kumar Choudhary who was respondent No. 6 in the revision application decided vide Annexure P-4. The consideration of the truck was paid with the aid of finance obtained from Jan Kalyan Sahkari Bank Ltd. (respondent No. 7 herein). The loan was not repaid to the Bank by Mohd. Shameem Khan and consequently, the money was directed to be recovered by auction of the said vehicle.

(2.) IT is contended that in a surprisingly shocking manner the truck bearing Registration No. MP-20/G-0232 owned by the petitioner under a valid registration number was put to auction by the Special Recovery Officer (respondent No. 3) and was sold to the respondents No. 5 and 6 on 4.10.2001.

(3.) SHRI Singh, learned counsel contended that the petitioner was neither the borrower nor the guarantor and the said truck (Registration No. MP- 20/G-0232) was not hypothecated with the Co-operative Bank in security of the loan obtained by Mohd. Shameem Khan. Accordingly, it is contended that the auction of the said truck is highly illegal, arbitrary and without jurisdiction. Since, there was no liability against the petitioner, the aforesaid truck owned exclusively by her as a registered owner was not liable to auction in recovery of amount against Mohd. Shameem Khan.