Kanishk Sinha v. Rajesh Kumar Sinha And ORS

27.09.2022 Ct. 5 D/L 8 ab CPAN 732 of 2022 With IA No CAN 1 of 2022 in WPA 2070 of 2022 Kanishk Sinha -VsRajesh Kumar Sinha & Ors.

Mr. Kanishk Sinha ... applicant/petitioner in person Mr. Rupak Ghosh, Mr. V.V.V. Sastry ... for the writ petitioners Mr. Pantu Deb Roy, Mr. Pannalal Bandopadhyay ... for the State CAN 1 of 2022 is an application for addition of Mahindra Electric Mobility Limited & Ors. as parties to the contempt petition being CPAN 732 of 2022. Since the order by this Court on 16th February, 2022 as modified on 18th February, 2022 was passed in a writ petition filed by Mahindra Electric Mobility Limited & Ors., CAN 1 of 2022 is allowed.

Heard learned counsel appearing for the added respondents/writ petitioners, the petitioner/applicant appearing in person, who is the plaintiff in a suit being Title Suit No. 27 of 2018 filed in Alipore Court and the State respondents.

After perusing the orders passed by this Court, by which the Registering Authority was given liberty to consider the relevant material in the pending title suit at Alipore Court and the subsequent order passed by the Alipore Court on 3rd June, 2022, by which it records that the plaintiff in the suit has no claim against Mahindra Electric Mobility Limited & Ors. and no objection if Mahindra Electric Mobility Limited & Ors obtain licence following the norms. It is relevant that the Alipore Court is also directed that the registration may be granted to Mahindra Electric Mobility Limited & Ors., following the order passed by this Court on 18th February, 2022. Nothing further remains in the contempt petition.

The contempt proceeding appears to arise out of a communication dated 14th July, 2022 of the Transport Directorate to the Regional Transport Officer referring to the order passed by Alipore Court on 3rd June, 2022 and directing the Registering Authority to take necessary action in compliance with the said order. The grievance of the petitioner/applicant in the contempt proceeding is that the said communication does not mention the orders passed by this Court on 16th February, 2022 and 18th February, 2022. Since these orders are now part of the records and learned counsel appearing for the State respondents submits that the directions on the Registering Authority are also

based on the said orders, CPAN 732 of 2022 can be disposed of without any further intervention by this Court.

CPAN 732 of 2022 and CAN 1 of 2022 are disposed of in terms of the above.

( Moushumi Bhattacharya, J.)