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Bombay High CourtWP/10743/2025disposed off

Gorakh Shankarrao Deshmukh v. Sanjiwani Shashikant Landge

2025-11-03Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

34-WP-10743-2025 (C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10743 OF 2025 K. Jayakumar S/o Krishnan Chettiyar

...Petitioner

VERSUS

Principal Secretary Central Ministry of Road Transport And Highways, Govt.

of India And Ors. ...Respondents ....

Mr. Harsh Moorjani i/by Ms. Pooja Dongre, Advocate for the Petitioner.

None for the Respondents.

....

CORAM

:

M. S. KARNIK & N. R. BORKAR, JJ.

DATE :

07thAUGUST, 2025 P.C.

:

1.

Heard the learned counsel for the petitioner. 2.

The petitioner prays for the following reliefs : 'a. This Hon'ble Court be pleased to issue a Writ of Mandamus or any other appropriate writ, order, or direction, directing Respondent RTO to comply with the Order dated 08.01.2024 and Sale Certificate (ITCP14) dated 10.01.2024 issued by the Recovery Officer-II, DRT-I, Delhi, and to process the BH Series registration of the vehicle, namely Jaguar XJL 3.0, bearing Temporary Registration No. DL2TC0256, Chassis No. SAJAC2651CNV36667, and Engine No.0631641306DT, ZIP

34-WP-10743-2025 (C).doc in the name of the Petitioner on the Vahan Portal. b. This Hon'ble Court be pleased to direct Respondent RTO to complete the registration process within at time-bound period.

c. This Hon'ble Court be pleased to direct Respondent RTO to independently perform homologation and enter the vehicle's chassis number and other necessary details on the Vahan Portal.

d. This Hon'ble Court be pleased to direct Respondent No. 4 & 5 to make necessary changes in engine of the vehicle at their own cost to make it BS VI compliance. e. In case registration is not possible, in the alternate issue direction to the Hon'ble DRT or Respondent Bank to cancel the auction purchase and refund the amount spent with a reasonable interest of 12% per annum till the date of refund.'

3.

The petitioner essentially seeks a direction to the Respondent No.3 - RTO to comply with the order dated 08.01.2024 passed by the Recovery Officer-II, DRT-I, Delhi. 4.

It is open for the petitioner to approach the DRT for execution of the said order or file appropriate proceedings for cancellation of the auction purchase.

5.

By keeping these remedies open, the petition is disposed of.

(N. R. BORKAR, J.) (M. S. KARNIK, J.) ZIP