M/S B AND B COLONELS KABABZ vs ASHOK KUMAR & ORS.

Judgment text excerpt

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 03.04.2025 + CM(M) 611/2025, CM.APPLs.19448/2025 & 19449/2025 M/S B AND B COLONELS KABABZ .....Petitioner Through: Mr. Harpreet Singh Nagpal, Mr. Pritpal Singh Chawla and Mr. Gaurav Kumar, Advs. versus ASHOK KUMAR & ORS. .....Respondents Through: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed under Article 227 of the Constitution of India challenging the orders dated 10.07.2024 and 06.11.2024 [hereinafter referred to as “Impugned Orders”] passed by the learned Motor Accident Claims Tribunal, District North West, Rohini Courts, Delhi [hereinafter referred to as “Tribunal”] in MACT 638/2023 pursuant to an accident which has taken place in respect of FIR No. 332/21 dated 22.06.2021. 2. It is the case of the Petitioner that he was the original registered owner of the vehicle in issue which is stated to have been involved in an accident. The Petitioner has submitted that he sold the vehicle in issue i.e., HR 26 AV 8347 to one Sh. Karan Angad Singh on 13.03.2020. The possession of the vehicle along with all original documents i.e., Registration certificate, insurance policy, etc. was also delivered to Sh. Karan Angad Singh and the statutory forms i.e., Form 29 and Form 30 of the Central Motor Vehicle Rules, 1989 for transfer of registration were also signed and handed over to Signature Not Verified Digitally Signed By:JAI NARAYAN Signing Date:11.04.2025 CM(M) 611/2025 Page 1 of 4 16:24:15 Sh. Karan Angad Singh. 3. It is contended by the Petitioner that the transfer of Sh. Karan Angad Singh was completed by the Petitioner. However, thereafter, in view of the nation-wide lockdown, this transfer could not take place. Subsequently, the Petitioner w