M/S Greem Technologies & Ors vs The State Of W.B. & Ors
2023 Latest Caselaw 2375 Cal

  137
11.04.2023
   jb.
  jdt.


                              WPA 7890 of 2023


                         M/s Greem Technologies & Ors.

                                      Vs.
                                The State of W.B. & Ors.




                 Mr. N. I. Khan
                 Mr. Amlan Mukherjee            ...for the petitioners.

                 Mr. Amal Kr. Sen
                 Mr. Lal Mohan Basu            ...for the State.

                 Mr. Gunjan Sinha @ Kanisk Sinha
                                       ....for the Respondent

WPA 7890 of 2023

Affidavit of service filed on behalf of the petitioners is

taken on record.

Heard learned counsels for the parties.

The memos issued on 13th January, 2022 and 13th

July, 2022 have been assailed by the writ petitioners in

the present writ petition. The memo dated 13th 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, 13th

Court, Alipore on 24th February, 2020. The said order

restrains the authority from registering the battery

operated eco-friendly e-rickshaw till disposal of the suit.

The memo dated 13th July, 2022 allows registration

of e-rickshaws manufactured by M/s. Mahindra &

Mahindra Ltd.

It is submitted on behalf of the petitioners that the

battery manufactured by the petitioners is lead cell

battery which is distinct and different from the battery

manufactured by the plaintiff in the title suit.

A co-ordinate Bench of this Court, in an order passed

on 16th 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.

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.

The petitioners further submit that Rule 126 of the

Central Motor Vehicles Rules, 1989 has been complied

with by them.

Learned counsel for the 6th respondent seeks an

order in terms of the order passed by the co-ordinate

bench on 18th February, 2022 in modifying the earlier

order passed on 16th February, 2022. The order passed

on 16th 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 petitioner's e-vehicles.

Learned counsel for the 6th respondent 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.

Learned counsel for the 6th respondent draws the

attention of this Court to a judgment passed by a Division

Bench of this Court on 2nd May, 2023 in FMA 623 of 2022

wherein the Hon'ble Division Bench has deprecated an

application for special leave to appeal under Section 96 of

the Code of Civil Procedure by the petitioner therein on

the ground that the petitioner filed an application before

the trial court under Order I Rule 10 of the Code for being

added as a party respondent therein. The petitioner chose

not to pursue the said application and approached the

Hon'ble Division Bench under Section 96 of the Code. In

the judgment under reference the Hon'ble Division Bench

held that the appropriate course of action would be to

pursue the application already made in Order I Rule 10 of

the Civil Procedure Code before the trial Court. The ratio

of the said judgment can be distinguished from the facts

and circumstances of the present case wherein the

petitioners hace not applied before the learned trial Court

for being added as a party therein.

In view of the above, the writ petition is disposed of

directing the Director, Transport Directorate, Government

of West Bengal, being the 3rd 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

vehicles being different and distinct from the category

forming subject matter of the title suit pending before the

learned Additional District Judge, 13th 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 petitioners 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 petitioner's e-vehicles.

The entire exercise should be completed within two

months from the date of communication of this order.

With the above observations and directions this writ

petition being WPA 7890 of 2023 is disposed of.

However, there shall be no order as to costs.

Since no affidavit is invited, the allegations contained

in the petition are deemed not to be admitted.

Urgent certified website copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

(Suvra Ghosh, J.)