Bombay High Court
Dhairyasheel Patil vs Official Liiuidator & Ors on 18 March, 2020
Author: G.S. Patel
Bench: G.S. Patel
P3-IA1-20-CP319-13.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INERIM APPLICATION NO. 1 OF 2020
IN
COMPANY APPLICATION NO. 706 OF 2018
IN
OFFICIAL LIQUIDATOR REPORT NO. 150 OF 2016
IN
COMPANY PETITION NO. 319 OF 2013
Dhairyasheel Patil ...Applicant
In the matter between
Savitri Leasing & Finance Ltd ...Petitioner
Versus
Official Liiuidator & Ors ...Respondents
Mr Nitesh Bhutekar, for the Applicant.
Mr Ajai Fernandes, with Ms Sneha Pandey, i/b Motiwalla & Co., for Respondent No. 2.
Mr Kedar Dighe, AGP, for Respondent No. 4.
Mr Giri, Assistant Transport Commissioner, present. Mr Bhor, Deputy RTO, Pune, present.
Mr Desai, Inspector of Motor Vehicles, RTO, Karad, present.
CORAM: G.S. PATEL, J
DATED: 18th March 2020
PC:-
Page 1 of 3
18th March 2020
::: Uploaded on - 18/03/2020 ::: Downloaded on - 20/03/2020 11:50:23 :::
P3-IA1-20-CP319-13.DOC
1. This matter is assigned to KR Shriram J. That bench is not available today. Hence taken on board.
2. The Applicant is the sole proprietor of HP Gas dealership. In 2018, he was the successful bidder at an auction conducted by the Mumbai Port Trust of three Porsche vehicles, two diesel and one petrol.
3. For some reason, and here each side blames the other, these cars have not yet been registered. The law as declared by the Supreme Court is that these cars must obtain registration before 31st March 2020. Otherwise they will not be compliant with current emission and other applicable statutory norms and will not receive registration.
4. Mr Bhutekar's anxiety is that the RTO Authorities in Pune and Karad where the Applicant has his addresses will insist on the production of sale certifcates of the manufacturer or the importer. This obviously cannot be because this was an auction sale. All three cars were bought in an auction sale and the auction sale certifcate is all that is reiuired. This is accepted on behalf of Respondent No. 4. The officers from the RTO Pune and Karad are present in Court.
5. Mr Dighe for Respondent No. 4 states further that upon the application being made and provided it is accompanied by the necessary documents as reiuired in law specifcally the auction sale certifcate and the typed approval certifcate for compliance with BS-IV norms, all three cars will be registered.
Page 2 of 318th March 2020 ::: Uploaded on - 18/03/2020 ::: Downloaded on - 20/03/2020 11:50:23 ::: P3-IA1-20-CP319-13.DOC
6. Mr Bhutekar states that the application will be made by Friday, 20th March 2020.
7. One of the compliances reiuired is that all three vehicles must be certifed by an agency in Pune as being BS-IV compliant, i.e. with the Indian emission standards. That certifying agency is the Central Institute of Road Transport in Pune.
8. Mr Bhutekar states that he will make the necessary application to CIRT by Friday, 20th March 2020. That agency, though not a party, is directed to complete the certifcation process by Monday, 23rd March 2020. Mr Bhutekar will then apply with his documents and the CIRT certifcates to the respective RTO offices on 27th March 2020 and those RTOs will, without insisting on any further documentations complete the process of registration on payment of the necessary charges by 30th March 2020.
9. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J) Page 3 of 3 18th March 2020 ::: Uploaded on - 18/03/2020 ::: Downloaded on - 20/03/2020 11:50:23 :::