Sanjay Sagar v. Transport Department & ORS

$~01 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 367/2018 SANJAY SAGAR ..... Appellant Through Mr.

Arun Kumar Verma, Sr.

Advocate with Mr. Aman Anand and Mr. Aman Dixit, Advocates.

versus TRANSPORT DEPARTMENT & ORS ..... Respondent Through Mr.

Sanjoy Ghose, Additional Standing Counsel for the GNCTD.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 27.07.2018 We have heard the counsel for the appellant, but are not inclined to interfere with the impugned order, which we find is just, fair and equitable.

2.

Direction has been issued to the respondents to issue duplicate registration certificate of the car, which originally belonged to and was owned by Vigneshwara Developers Pvt. Ltd., the company against whom FIR No.108/2014 has been registered and is pending investigation with the Economic Offences Wing of Delhi Police. Noticing the fact that the appellant had paid a consideration of Rs.20 lakhs by cheque dated 16th June, 2014 and the FIR was registered subsequently on 10th September, 2014, the said relief has been granted to the appellant. However, the impugned order also records that

issuance of duplicate registration certificate shall be subject to the outcome of the investigation.

3.

Grievance of the appellant is that the investigation is pending since 2014 and may take a very long time. Wait cannot be endless. It is also stated that the appellant would like to sell the car, albeit in view of the order passed and in the absence of timeline, the appellant would not be able to sell the car.

4.

We would only observe that in case the appellant wants to sell the car, he would be at liberty to approach the respondent authorities, i.e., the police, and if the payer is declined, he would be entitled to challenge the said order in accordance with law. 5.

Recording the aforesaid, the appeal is dismissed. SANJIV KHANNA, J.

CHANDER SHEKHAR, J.

JULY 27, 2018 NA/VKR