Meriden Tradeplace Pvt. Ltd. Thr Its Manager Authorized Person v. The State Of Maharashtra Thr Ld. App For The State Home Dept And ORS
Arjun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3486 OF 2022 Meriden Tradeplace Pvt. Ltd. Thr.
...Petitioner
Its Manager Authorized Person
Versus
The State of Maharashtra & Ors.
...Respondents
R. A. Naik i/b Ms. Puja N. Pilankar, for the Petitioner. S. D. Vyas., B-Panel, for the Respondent No. 1. CORAM : REVATI MOHITE DERE & MADHAV J. JAMDAR, JJ.
DATED : 06 th MAY, 2022 P.C. :
1.
The Petitioner claims to be the owner of vehicle bearing Registration No. MH 46 H 1894 which is subject matter of the above Petition. The vehicle was admittedly plying in the city of Mumbai, in breach of the Order dated 3rd March, 2004 in Writ Petition No. 1762 of 1999. In the said order, directions were issued that eight year old transport vehicles be phased out and these vehicles would be treated 1/4
as scrapped and their registration would be cancelled, unless the same are converted to run either on CNG or LPG. Directions were also issued in the said order that in breach of the directions, if any vehicle is found playing within the limits of Mumbai, the same shall be immediately impounded by the R.T.O. or by the Traffic Police. 2.
Learned Counsel for the Petitioner has placed reliance upon several orders passed by this Court in similar matters, wherein subject to Undertakings given by the owners not to ply the vehicles in the City of Mumbai and subject to deposit of certain amount, the vehicles were ordered to be released.
3.
Learned Counsel for the Petitioner states that the Petitioner has submitted his undertaking dated 07.03.2022 in this Court. The Petitioner has undertaken as under: "i) I undertake that the said Vehicle shall not be plied within the Municipal limits of Greater Mumbai. 2/4
ii) I undertake to take the said vehicle beyond the jurisdiction and local limits of the Greater Mumbai and shall not ply the same again in Greater Mumbai. iii) I undertake that I shall not bring said vehicle in the Municipal Limits of Greater Mumbai.
iv) I undertake to deposit Rs. 25,000/- (Rupees Twenty-Five Thousand only) with Respondent No. 2, Regional Transport Officer- Mumbai (East) within a period as will be directed by this Hon'
ble Court."
4.
In view of above undertaking we pass the following order:
ORDER
(a) The Vehicle, being subject matter of this Petition, shall be released to the Petitioner subject to the following conditions: (i) The Petitioner shall not ply in the city of Mumbai, the said vehicle and shall take the same out of the 3/4
limits of city of Mumbai; and (ii)The Petitioner shall deposit a sum of Rs. 25,000/- as fine with the concerned Regional Transport Office in respect of vehicle.
(b) Only upon deposit of the sum of Rs. 25,000/- (Rupees Twenty-Five Thousand Only) with the concerned R. T. O. and on production of an authenticated copy of this order alongwith true copy of the Undertaking given in the Court, the subject vehicle shall be released to the Petitioner.
(c) The undertakings given by the Petitioner are accepted. (d) The Petition is disposed of in above terms.
(e) All parties to act on an authenticated copy of this order. MADHAV J. JAMDAR, J.
REVATI MOHITE DERE, J.
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