M/S Electra International And Another v. State Of West Bengal And ORS.
February 03, 2023 ARDR (204) WPA 2121 of 2023 + CAN 1 of 2023 M/s. Electra International & anr.
Vs.
The State of West Bengal & Ors.
Adv. Sanjib Dutta, ...for the petitionerss.
Adv. Lipika Das Sinha, Adv. Gunjan Sinha @ Kanishk Sinha ...Intervenor in person.
Adv. Amal Kumar Sen, Adv. Lal Mohan Basu, ...for the State.
Re : CAN 1 of 2023 The applicant/intervenor seeks to be impleaded as a party respondent to the writ petition.
Upon consideration of the submission made on behalf of the parties, the application is allowed. The intervenor/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 allowed. Re : WPA 2121 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 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 ecofriendly 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 petitioners 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 petitioners in the earlier writ petition since the battery manufactured by him 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 him.
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 petitioners' e-vehicles.
Learned counsels for the parties consent to an order in the present writ petition in terms of the modified order passed by the co-ordinate Bench.
In view of the above, the writ petition is disposed of directing the concerned registering authority to grant registration of 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 petitioners' 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 2121 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.)