M/S Subham Manufacturer vs The State Of W.B. & Ors
2023 Latest Caselaw 2444 Cal

  127
11.04.2023
   jb.
  jdt.


                               WPA 3607 of 2023
                                      +
                                CAN 1 of 2023



                              M/s Subham Manufacturer
                                     Vs.
                               The State of W.B. & Ors.




                  Mr. Sanjib Dutta               ...for the petitioner.

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

                  Mr. Gunjan Sinha @ Kanisk Sinha
                  Ms. Lipika Das Sinha
                                        ....the intervenor (In person)

                               In re: CAN 1 of 2023

                  The   applicant   seeks   to    be   impleaded   as   a   party

             respondent to the writ petition.

By consent of the parties, the application is allowed.

The applicant be impleaded as respondent No.6 in the

writ petition. The cause title of the writ petition be amended

accordingly.

The application being CAN 1 of 2023 is disposed of.

WPA 3607 of 2023

Heard learned counsels for the parties.

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

July, 2022 have been assailed by the writ petitioner in the

present writ petition. The memo 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 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 petitioner 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.

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 petitioner claims 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 petitioner further submit that Rule 126 of the

Central Motor Vehicles Rules, 1989 has been complied

with by them.

Learned counsel for the added 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 intervenor as well as the

petitioner 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 added respondent draws the

attention of this Court to a judgment passed by a Division

Bench of this Court on 2 nd 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

petitioner has 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 petitioner 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 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

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 3607 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.)