Allowed

Dipak Gupta and Anr. v. State of West Bengal and Ors.

Calcutta HC19 Dec 2022WPA/23714/2022

Case brief

AI extract

What is this about?

This court allowed the implantation of an applicant as respondent No. 6 and directed the Director, Transport Directorate, to grant registration to petitioners' e-vehicles with batteries distinct from those in a pending civil suit, within two months.

What did the court decide?

Directed the Director, Transport Directorate, to issue directions for granting registration to petitioners' e-vehicles with distinct batteries within two months, subject to compliance with civil suit

Dipak Gupta and Anr. Vs State of West Bengal and Ors. — Consumer Protection | Calcutta HC (2022)

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198 19.12.2022 Ct. No.10 b.das

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WPA 23714 of 2022 + CAN 1 of 2022

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Dipak Gupta & Anr. Vs.

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The State of W.B. & Ors.

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Mr. Debabrata Saha Roy Mr. Pingal Bhattacharya Mr. S. Das …for the petitioners.

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Mr. Amal Kr. Sen Mr. L. M. Basu …for the State.

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Mr. Gunjan Sinha @ Kanisk Sinha

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….the intervenor (In person)

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In re: CAN 1 of 2022

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The applicant seeks to be impleaded as a party respondent to the writ petition.

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By consent of the parties, the application is allowed.

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The applicant be impleaded as respondent No.6 in the writ petition. The cause title of the writ petition be amended accordingly.

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The application being CAN 1 of 2022 is disposed of.

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WPA 23714 of 2022

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On prayer of the petitioners, liberty is granted to implead the Director, Transport Directorate, Government of West Bengal as respondent No.7 in the writ petition. The cause title of the writ petition be amended accordingly.

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Heard learned counsels for the parties.

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The notifications issued on 13^th January, 2022 and 13^th July, 2022 have been assailed by the writ petitioner in the present writ petition. The notification dated 13^th January, 2022 restricts registration of battery operated eco-friendly e-rickshaw in terms of the order passed in Title Suit No.27 of 2018 by learned Additional District Judge, 13^th Court, Alipore on 24^th February, 2020. The said order restrains the authority from registering the battery operated eco-friendly e-rickshaw till disposal of the suit.

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The notification dated 13^th July, 2022 allows registration of e-rickshaws manufactured by M/s. Mahindra & Mahindra Ltd.

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It is submitted on behalf of the petitioners that the battery manufactured by the petitioner is lead cell battery which is distinct and different from the battery manufactured by the plaintiff in the title suit.

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A co-ordinate Bench of this Court, in an order passed on 16^th February, 2022 in WPA 2070 of 2022, has dealt with a similar issue and has directed the Transport Directorate, Government of West Bengal to instruct the concerned regional transport offices to grant registration to the e-vehicles manufactured by the petitioner therein subject to the said vehicles being different and distinct from the category forming the subject matter of the title suit.

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The petitioners claim to be similarly circumstanced with the petitioner in the earlier writ petition since the battery manufactured by them is distinct and different from that of the battery which is the subject matter of the title suit.

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The petitioners further submit that Rule 126 of the Central Motor Vehicles Rules, 1989 has been complied with by them.

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Learned counsel for the added respondent seeks an order in terms of the order passed by the co-ordinate bench on 18^th February, 2022 in modifying the earlier order passed on 16^th February, 2022. The order passed on 16^th February, 2022 was modified to the extent that the registering authority shall be at liberty to consider all the relevant materials with regard to the pending proceedings in Title Suit No.27 of 2018 at the time of registration of the petitioners’ e-vehicles.

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Learned counsel for the intervenor as well as the petitioners consent to an order in the present writ petition in terms of the modified order passed by the co-ordinate Bench.

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In view of the above, the writ petition is disposed of directing the Director, Transport Directorate, Government of West Bengal, being the 7^th respondent herein, to issue necessary direction upon the concerned regional transport offices to grant registration to the e-vehicles manufactured by the petitioners subject to the said

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vehicles being different and distinct from the category forming subject matter of the title suit pending before the learned Additional District Judge, 13^th Court, Alipore and also subject to compliance with Rule 126 of the Central Motor Vehicles Rules, 1989 and all other formalities prescribed under the Act/Rules by the petitioner and also upon consideration of relevant documents to be placed by the petitioners before the authority. The registering authority shall be at liberty to consider all relevant material regarding the pending proceedings in the title suit No.27 of 2018 at the time of registration of the petitioners’ e-vehicles.

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The entire exercise should be completed within two months from the date of communication of this order.

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With the above observations and directions this writ petition being WPA 23714 of 2022 is disposed of.

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However, there shall be no order as to costs.

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Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted.

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Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

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(Suvra Ghosh, J.)

Dipak Gupta and Anr. v. State of West Bengal and Ors.

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Dipak Gupta and Anr. v. State of West Bengal and Ors.

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