Delhi District Court
Sh. Devender Singh vs Govt Of Nct And Ors on 4 August, 2014
IN THE COURT OF MS. SHAMA GUPTA: CIVIL JUDGE : 03
CENTRAL
TIS HAZARI COURTS : DELHI
Suit No. 44/14
Unique ID No. 02401C0097932014
Sh. Devender Singh,
S/o Sh. Daljit Singh,
R/o H. No. 232, Pocket 2,
Sector A10, DDA Flats,
Narela, Delhi110 040.
.......... Plaintiff
VERSUS
1.Govt of NCT and Ors.
Through Its Chief Secretary Delhi Secretariat Players Building, I.P. Estate, New Delhi.
2. The Commissioner of Transport, Govt. of NCT of Delhi.
5/9, Under Hill Road, Delhi110 054.
.........Defendants SUIT FOR PERMANENT AND MANDATORY INJUNCTION.
Date of institution : 28.02.2014
Date for reserving for orders : 25.07.2014
Date of decision : 04.08.2014
Suit no. 44/14 Devender Singh Vs. Govt. of NCT & Ors. 1/6
Ex P A R T E J U D G M E N T
1. Vide this judgment, I shall dispose off the present suit filed by the plaintiff seeking following reliefs:
a. Mandatory injunction thereby directing the defendants, their officials, staff etc. to grant permission to the plaintiff to use his already registered registration number DL 8S N 0001 for his new vehicle i. e. Tata Safari Storm Lxi purchased on 30.09.2013. b. Permanent Injunction restraining the defendants from releasing, allotting, permitting the use of the said registration number to any third person and further restraining the defendants from stopping challaning and impounding the vehicle of the plaintiff till grant of permission for using already registered registration number DL 8S N 0001 by the defendants.
2. Briefly stated the facts as averred by the plaintiff in the plaint which are necessary for the disposal of the present suit are as follows:
a. As per the record of the transport department, the plaintiff is registered owner of motor vehicle bearing registration number DL 8S N 0001, make Honda City and the plaintiff was issued the said registration number on 14.09.1999 by registering authority, North Zone but, unfortunately the said vehicle of the plaintiff was completely destroyed in fire on 14.09.2011 against which a complaint has been lodged in PSNarela, Delhi registered as FIR no. 455 dated 14.09.2011 U/s 435 IPC.
Suit no. 44/14 Devender Singh Vs. Govt. of NCT & Ors. 2/6 b. The said vehicle of the plaintiff was insured with the insurance company and the plaintiff has also got the insurance claim against the said vehicle and further the salvage of the said vehicle was disposed off by the plaintiff.
c. The plaintiff has approached the concerned office of Transport Department for the purpose of allowing him to use the registration number for another vehicle which the plaintiff intended to purchase but, the defendants avoided the said request of the plaintiff on one pretext or other for almost two years.
d. The plaintiff again approached the defendant no. 2's office with a written request on 22.05.2013 but, the defendants informed the plaintiff that firstly, the plaintiff is required to purchase another vehicle before the permission can be granted to him and accordingly, the plaintiff has purchased Tata Safari Storm having temporary registration certificate and also got the said vehicle insured from National Insurance Company Ltd. having policy no. 25331031130150052256 valid from 30.09.2013 to 29.09.2014.
e. Thereafter, the plaintiff has again approached the defendant no. 2's office with all the relevant documents but, the defendants have failed to give the necessary permission and raise the objection that NOC is required from the previous insurance company of damaged vehicle but, on the RTI application of the plaintiff, the plaintiff has received a reply that there is no requirement of NOC from the insurance company and thus, the defendants have without any Suit no. 44/14 Devender Singh Vs. Govt. of NCT & Ors. 3/6 basis failed to give the necessary permission causing inconvenience to the plaintiff.
f. The defendant no. 2 even failed to respond to the repeated request of the plaintiff and legal notice dated 30.10.2013 and now he came to know that the defendant no. 2 wants to allot the said registration number to some other person.
3. The defendants were duly served and on behalf of the defendants, no formal written statement was filed and only the defendants have filed certain replies whereby the defendants have claimed that the registration number was not issued to the plaintiff because certain formalities are required to be complied with by the plaintiff which was also recorded in the ordersheet dated 15.05.2014 whereby the defendants have claimed furnishing of surrender certificate by the plaintiff but thereafter, the defendants have stopped appearing and consequently the defendants were proceeded exparte on 01.07.2014.
4. In support of its case, the plaintiff has examined himself as PW1 and he has tendered his affidavit in his evidence (Ex PW1/A) in which the entire contents of the plaint was reiterated and he has placed reliance on the following documents:
Ex. PW1/1 : Power of Attorney in favour of PW1. Ex. PW1/2: Loan application and identity proof of the defendant. Ex. PW1/3 (colly): Loan Agreement consisting of Irrevocable Power of Suit no. 44/14 Devender Singh Vs. Govt. of NCT & Ors. 4/6 Attorney, Credit Facility Application Form, Unattested Deed of Hypothecation.
Ex. PW1/4 (Colly.): Legal Demand Notice and Postal Receipts, Ex. PW1/5 : Statement of Account certified U/s 2A of Banker's Book Evidence Act.
5. After conclusion of the trial, ex parte final arguments were addressed by Ld. counsel for the plaintiff .
6. Arguments heard and perusal of the records of the case reveals that the plaintiff has duly proved by his unrebutted testimony that the defendants have failed to issue necessary permission to the plaintiff for using his registration number DL 8S N 0001 which was alloted in his name for his new vehicle without any basis, despite the fact that the plaintiff has completed all the necessary formalities as per the demand of the defendants from time to time. Thus, the defendants owes an obligation towards the plaintiff to give necessary permission to the plaintiff to use his registration number for his new vehicle i. e. Tata Safari Storm. Further, as the plaintiff has deposed that he has reasonable apprehension that the defendants will allot the same to the third person and the defendants has failed to rebut the same, therefore, the defendants are restrained from allotting the said registration number to the third person without following due process of law.
7. The plaintiff has further claimed permanent injunction restraining the defendants from challaning, impounding his vehicle Suit no. 44/14 Devender Singh Vs. Govt. of NCT & Ors. 5/6 which he is plying with temporary registration number, till the permission be granted to him, but the said injunction cannot be granted as no injunction can be granted so as to restrain any public officer to perform his legal duty, thus the same is declined.
RELIEF
8. With the aforesaid observations, the suit of the plaintiff is partly decreed in favour of the plaintiff and against the defendants for the following reliefs:
a. The defendants, their officials, staff etc. are directed to grant permission to the plaintiff to use his already registered registration number DL 8S N 0001 for his new vehicle i. e. Tata Safari Storm Lxi purchased on 30.09.2013.
b. The defendants, their officials, staff etc. are restrained from releasing, allotting, permitting the use of the said registration number to any third person without due process of law. No order as to cost.
Decree Sheet be prepared accordingly. File be consigned to record room after necessary compliance.
Announced in the open court today i. e. on 04.08.2014.
(SHAMA GUPTA) CIVIL JUDGE03C/THC DELHI /04.08.2014 Suit no. 44/14 Devender Singh Vs. Govt. of NCT & Ors. 6/6 CS No 44/14 Devender Singh Vs. Govt. of NCT & Ors.
04.08.2014 Present: None.
Vide separate judgment of even date, the suit of the plaintiff is partly decreed in favour of the plaintiff and against the defendants for the following reliefs:
a. The defendants, their officials, staff etc. are directed to grant permission to the plaintiff to use his already registered registration number DL 8S N 0001 for his new vehicle i. e. Tata Safari Storm Lxi purchased on 30.09.2013.
b. The defendants, their officials, staff etc. are restrained from releasing, allotting, permitting the use of the said registration number to any third person without due process of law.
No order as to cost. Decree Sheet be prepared accordingly. File be consigned to record room after necessary compliance.
(SHAMA GUPTA) CIVIL JUDGE03C/THC DELHI /04.08.2014 Suit no. 44/14 Devender Singh Vs. Govt. of NCT & Ors. 7/6