Popular Motor Corporation v. Government Of Kerala

Court
Kerala High Court
Case number
OP(Crl.)/283/2022
Date of judgment
8 Mar 2023
Bench
HONOURABLE MRS. JUSTICE MARY JOSEPH
Petitioner
POPULAR MOTOR CORPORATION,
Respondent
GOVERNMENT OF KERALA,
CNR
KLHC010408452022

Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH WEDNESDAY, THE 8TH DAY OF MARCH 2023 / 17TH PHALGUNA, 1944 OP(CRL.) NO. 283 OF 2022 CHALLENGING EXHIBIT P-1 APPLICATION FOR PROSECUTION PENDING BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (SPECIAL COURT OF MPs/MLAs CASES), ERNAKULAM UNDER THE MOTOR VEHICLES ACT, 1988.

PETITIONERS/ACCUSED 1 & 2:

1 POPULAR MOTOR CORPORATION, JCB DIVISION, NATIONAL HIGHWAY, KATTY, ATHANI, NEDUMBASSERY, ALUVA - 683585 REPRESENTED BY ITS GENERAL MANAGER KRISHNAKUMAR K.K.

2 M/S.KOOTTUKARAN SERVICES, X/192B, NADAKKAL BUILDING, CHITTETHUKARA, CSEZ P.O.- 682037 REPRESENTED BY ITS PARTNER MOHAMMED ZAINUDHEEN.

BY ADV SMT.S.K.DEVI RESPONDENTS/STATE & COMPLAINANT:

1 GOVERNMENT OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682031 2 THE MOTOR VEHICLES INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, ANGAMALY-683572, ERNAKULAM DISTRICT.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04.01.2023, THE COURT ON 08.03.2023 DELIVERED THE FOLLOWING:

O.P(Crl.) No.283 of 2022 2 JUDGMENT Dated this the 8th day of March, 2023

Petitioners are accused Nos. 1 and 2 against whom a prosecution has been initiated by the 2nd respondent under the Motor Vehicles Act, 1988 (for short ‘the M.V.Act’) alleging that they have violated the various provisions thereof.

2.

Five numbers of JCBs were purchased by the 2nd petitioner from the 1st petitioner on 28.04.2022. It was necessary to complete the registration of the said vehicle under the M.V.Act prior to it’s delivery. The 1st petitioner took Insurance and FASTag to complete the formalities for registration and uploaded it’s Chassis Number, Engine Number, details of owner, Financier, Insurance Policy, FastTag etc. in the website ‘VAHAN 4” at about 6 p.m on 29.04.2022. 8 numbers of JCB were sold by the petitioner on 28.04.2022 and as on 29.04.2022 a stock of 41 JCBs is maintained. First petitioner had space only to park 48 numbers of JCBS. Therefore on completion of the formalities for registration, the 1st petitioner requested the 2nd petitioner to transport one JCB to their yard.

O.P(Crl.) No.283 of 2022 3 The 2nd petitioner is the local transporter of the 1st petitioner.

At about 7 p.m. on 29.04.2022 JCB referred to in Ext.P1 was loaded in an equipment carriage vehicle of the 2nd petitioner.

Such transportation does not require any documents under the MV Act. The load was accompanied by Tax Invoice and e- way bill required under the GST Act. The vehicle happened to be checked on the way and the petitioner was informed that penalty needs to be paid for violation of provisions of the M.V.Act. A challan was sent by the 2nd respondent to the petitioner at about 7.30 p.m. directing to pay Rs.6,250/- as penalty. Though payment was attempted online, but 1st and 2nd May, 2022 being delcared holidays, the attempt was defeated. Petitioners started the registration proceedings on 2nd May. Seven JCBs got registered on that day but when tried to make payment of Tax of the vehicle transported on 29.04.2022 it was informed as blacklisted.

Enquiries made with the 2nd respondent revealed that steps have been initiated by the prosecution against the petitioners for violation of the provisions of the M.V.Act. Petitioners were also informed that prosecution has been initiated against them

O.P(Crl.) No.283 of 2022 4 alleging violations of several provisions referring to the statuatory formalities to be compled with for a vehicle to be transported in a public place.

3.

It is contended by Smt.S.K.Devi, the learned counsel that the JCB was loaded only on a vehicle transporting carrier for the purpose of transportation and it was never driven through the public road and therefore the petitioners cannot be said to have violated any of the provisions of the MV Act as alleged by the prosecution. According to her the Original Petition on hand was moved seeking to quash the prosecution initiated on 06.05.2022 by Ext.P1 in MV Case No.

KL63/007/2022.

4.

According to the learned counsel for the petitioners, the 1st petitioner is a dealer in JCB, a construction equipment vehicle and is represented by it’s General Manager and the 2nd petitioner is M/s.Koottukaran Services, a partnership firm engaged in civil contract and transportation contract represented by it’s partner in the petition on hand. According to her,the petitioners are proposed to be prosecuted for Violation of Section 192 B(2) r/w Section 41(1)of M.V.Act and Rule 47 of

O.P(Crl.) No.283 of 2022 5 the Central Motor Vehicles Rules, 1989 (for short ‘the Rules’), Section 192 r/w Section 39 of the M.V.Act, Section 192 r/w Section 39 and 41(6) of M.V.Act and Rules 51,52 of the Rules and Section 16 r/w Section 3(1) of Kerala Motor Vehicles Taxation Act, 1976. According to the learned counsel under Section 192 of the M.V.Act a person is liable to be prosecuted only if he drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of Section 39 of the M.V.Act. Section 39 speaks about necessity for registration and it provides that a person shall not drive any motor vehicle and no owner of a motor vehicle shall cause or permit a vehicle to be driven in any public place or in any other place unless it is registered in accordance with this Chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner.

5.

Section 192 B(2) provides for punishment to the dealer for failing to submit an application for registration of a new motor vehicle as contemplated by the second proviso to Sub-section (1) of Section 41. As per Section 192 B (2), 15

O.P(Crl.) No.283 of 2022 6 times the annual road tax or the lifetime tax of the motor vehicle whichever is higher willbe the penalty liable to be imposed for the violation. Section 41 (1) speaks about the procedure for registration. It provides that an application by or on behalf of the owner of a motor vehicle for registration shall be in such form and shall be accompanied by such documents, particulars and information and shall be made within such period as may be prescribed by the Central Government. An exemption is provided thereunder that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this Act.

6.

Rule 47 of the Rules provides that an application for registration of motor vehicle shall be made in Form 20 to the registering authority within a period of seven days from the date of taking delivery of such vehicle, excluding the period of journery and shall be accompanied by “(a) sale certificate in Form 21;

(b) valid insurance certificate;

(c) copy of the proceedings of the State

O.P(Crl.) No.283 of 2022 7

Transport Authority or Transport

Commissioner or such other authorities as may

be prescribed

by the

State Government for the purpose of approval of the design in the case of a trailer other than a vehicle of category T;

(ca) working certificte in Form 60, in case the applicant working in private sector applies for BH-Series registration mark;

(cb) Official Identity Card, in case the applicant working in Government office applies for BH-series registration mark;

(d) original sale certificate from the

concerned authorities in Form 21 in the case of ex-army vehicles.

(e) proof of address by way of any one of the documents referred to in rule 4;

(f) temporary registration, if any;

(g) road-worthiness certificate in Form 22 from the manufacturers, Form 22-A from the body builders and, in case of self- certification of the bus body built on a drive away chassis by a bus body structure fabricator, certificate of compliance in Form 22-B;

(h) custom’s clearance certificate in the case of imported vehicles alongwith the licence and bond, if any:

Provided that in the case of imported

O.P(Crl.) No.283 of 2022 8 vehicles other than those imported under the Baggage Rules, 1998, the procedure followed by the registering authority shall be same as those procedure followed for registering of vehicles manufactured in India;

and (i) appropriate fees as specified in rule 81;

(ia) proof of fitment of FASTag specified in rule 138-A;

(ib) proof of fitment of vehicle tracking device for public service vehicles [***] (k) proof of legal presence in India in addition to proof of residence in case of

foreigners.

(l) technical specifications and any other document as may be required by the registering authority in respect of the modular hydraulic trailer;

Provided that upto 31st December, 2016, on and from the date of publication of the Central Motor Vehicles (Amendment Rules, 2015 published on 13th Janyuary, 2015, in respect of the models of the E-rickshaws and E-carts exsiting prior to publication of the Central Motor Vehicles (Sixteenth Amendment ) Rules, 2014 and the notification published vide S.O.2590(E), dated the 8th October, 2014, the application for registration under this sub-rule shall be made in Form 20 to the registering authority within a period of seven days from the date of issue of Form 21 and Form 22 and shall be accompanied by- (i) road worthiness certificate in Form 22 to be issued by the manufacturer or dealer or registered E-rickshaw or E-cart Association or

O.P(Crl.) No.283 of 2022 9 any agency authorised by State Government;

and (ii) sale certificate in Form 21 to be issued by manufacturer or dealer or registered E-rickshaw or E-cart Association or any agency authorised by State Government for presentation along with the application for registration;

7.

Sub-section (6) of Section 41 of M.V. Act provides that the registering authority shall assign to the vehicle, for display thereon, a distinguishing mark (referred to in the M.V.Act as the registration mark) consisting of one of the groups of such of those letters and followed by such letters and figures as are allotted to the State by the Central Government from time to time by Notification in the Official Gazette, and displayed and shown on the motor vehicle in such form and in such manner as may be prescribed by the Central Government.

8.

Rule 51 of the Rules provides the size of letters and numerals of the registration mark, the dimension of letters and figures of the registration mark and the space betwen diffferent letters and numerals and letters and edge of the plain surface.

O.P(Crl.) No.283 of 2022 10 9.

Rule 52 of the Rules provides for Renewal of certificate of registration. An application by or on behlaf of the owner of a motor vehicle, other than a transport vehicle, for the renewal of a certificate of registration, shall be made in Form 25 to the registering authority in whose jurisdiction the vehicle is, not more than sixty days before the date of its expiry, accompanied by an appropriate fee as specified in Rule 81 of the Rules.

10. Chapter IV of M.V. Act, 1998 deals with registration of Motor Vehicles. Section 39 of the Act speaks about the necessity for registration. It reads as follows:

“39. Necessity for registration.—No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this Chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner:

Provided that nothing in this section shall apply to a motor vehicle in possession of a dealer subject to such conditions as may be prescribed by the Central

O.P(Crl.) No.283 of 2022 11 Government.” 11. Section 40 of the M.V.Act speaks about the place wherein the registration is to be made. Section 41 speaks about the procedure to be followed for registration of a vehicle.

Those read:

“40. Registration, where to be made.—Subject to the provisions of section 42, section 43 and section 60, every owner of a motor vehicle shall cause the vehicle to be registered by any registering authority in the State in whose jurisdiction he has the residence or place of business where the vehicle is normally kept.” “41. Registration, how to be made.—(1) An application by or on behalf of the owner of a motor vehicle for registration shall be in such form and shall be accompanied by such documents, particulars and information and shall be made within such period as may be prescribed by the Central Government:

Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this Act:

O.P(Crl.) No.283 of 2022 12 Provided further that in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same State in which the dealer is situated.” 12.

It follows from Section 41 that an application for registration shall be made either by the owner of a motor vehicle or anyone else on behalf of the owner, in such form and it shall be accompanied by such documents, particulars and information and shall be made within such period as may be prescribed by the Central Governement. Therefore, in order to have an idea about the procedural formalities for registration, it is incumbent upon this Court to have a look at the various Rules under the Rules.

13.

Chapter III of the Rules provides the procedure for Registration of motor vehicles. Rule 47 provides for the manner in which the application for registration of motor vehicles is to be made. It reads:

“47. Application for registration of motor vehicles.— (1) An application for registration of a motor vehicle shall be made in Form 20 to any registering

O.P(Crl.) No.283 of 2022 13 authority in the State in which the owner has the residence or place of business where the vehicle is normally kept:- (i) in case of motor vehicle, purchased as a fully built motor vehicle, which is being registered in a State other than the State in which the dealer is situated, shll be made by the owner, within a period of seven days from the date of taking delivery of such vehicle, excluding the period of journey or;

(ii) in case of a motor vehicle, purchased as a chassis to which body is fabricated seperately, which is being registered in a State other than the State in which the dealer is situated, shall be made by the owner, after the body is fabricated separately or;

(iii) in case of motor vehicle, purchased as a fully built motor vehicle, which is being registered in the same State in which the dealer is situated, shall be made by the dealer, prior to the delivery of the vehicle or;

(iv) in case of a motor vehicle, purchased as a chassis to which body is fabricated separately, which is being registered in the same State in which the dealer is situated, shall be made by the dealer, after the body is fabricated separately.;

(v) Form 20 shall be accompanied by the following documents and fees, submitted electronically on a Portal for registration of motor vehicles,

O.P(Crl.) No.283 of 2022 14 (a) sale certificate in Form 21;

(b) valid insurance certificate;

(c) copy of the proceedings of the State Transport Authority or Transport Commissioner or such other authorities as may be prescribed by the State Government for the purpose of approval of the design in the case of a trailer other than a vehicle of category T;

(ca) working certificte in Form 60, in case the applicant working in private sector applies for BH-Series registration mark;

(cb) Official Identity Card, in case the applicant working in Government office applies for BH-series registration mark;

(d) original sale certificate from the concerned authorities in Form 21 in the case of ex-army vehicles.

(e) proof of address by way of any one of the documents referred to in rule 4;

(f) temporary registration, if any;

(g) road-worthiness certificate in Form 22 from the manufacturers, Form 22-A from the body builders and in case of self -certification of the bus body built on a drive away chassis by a bus body structure fabricator, certificate of

O.P(Crl.) No.283 of 2022 15 compliance in Form 22-B;

(h) custom's clearance certificate in the case of imported vehicles along with the licence and bond, if any:” xxxxxxxx 14.

Therefore a format of application is incorporated in Form 20 and the application shall be submitted in the manner as provided in Form 20 and it has to be submitted to any registering authority in the State in which the owner has the residence or place of business where the vehicle is normally kept. Clause (iii) of sub-rule 1 of Rule 47 reads as follows:

“(iii) in case of motor vehicle, purchased as a fully built motor vehicle, which is being registered in the same State in which the dealer is situated, shall be made by the dealer prior to the delivery of the vehicle or;........” Clause (v) of sub rule 1 provides that Form 20 shall be accompanied by the following documents and fees, submitted electronically on a Portal for registration of motor vehicles- “(v) Form 20 shall be accompanied by the following documents and fees, submitted electronically on a Portal for registration of motor vehicles,

O.P(Crl.) No.283 of 2022 16 (a) sale certificate in Form 21;

(b) valid insurance certificate;

(c) copy of the proceedings of the State Transport Authority or Transport Commissioner or such other authorities as may be prescribed by the State Government for the purpose of approval of the design in the case of a trailer other than a vehicle of category T;

(ca) working certificte in Form 60, in case the applicant working in private sector

applies for BH-Series registration mark;

(cb) Official Identity Card, in case the applicant working in Government office applies for BH-series registration mark;

(d) original sale certificate from the

concerned authorities in Form 21 in the case of ex-army vehicles.

(e) proof of address by way of any one of the documents referred to in rule 4;

(f) temporary registration, if any;

(g) road-worthiness certificate in Form 22 from the manufacturers, Form 22-A from the body builders and in case of self -certification of the bus body built on a drive away chassis by a bus body structure fabricator, certificate of compliance in Form 22-B;

(h) custom's clearance certificate in the case of imported vehicles along with the licence

O.P(Crl.) No.283 of 2022 17 and bond, if any:” xxxxxx 15.

Rule 48 provides for issuance of certificate of registration for a fully built motor vehicle. - (1) On submission of an application by a dealer for registration of a fully built new motor vehicle in accordance with the second proviso of sub-section (1) of section 41 or, by the owner for registration of a fully built new motor vehicle if it is being registered in State other than the State in which the dealer is situated, and payment of fees and taxes in accordance with rule 47 on the Portal, for registration of a fully built motor vehicle, a registration mark shall be generated immediately.

Provided that, in case of application for registration of vehicle under BH-series, opted voluntarily by the vehicle owner, the registration mark shall be generated randomly through the portal after verification of working certificate in Form 60 or Official identity card, as the case may be, by the registering authority.

(2) The vehicle manufacturer or dealer of the vehicle manufactureer shall affix the mark of registration as per rule 50.

O.P(Crl.) No.283 of 2022 18 (3) A certificate of registration, in the name of the owner, in Form 23-A shall be issued electronically.

(4) The date of registration of motor vehicle shall be the date of generation of the registration mark under sub – rule (1).

16.

As per Rule 48, on an application being made by a dealer for registration of a fully built new motor vehicle in Form 20 alongwith fees and taxes in accordance with Rule 47 on the portal, a registration mark shall be generated immediately.

Sub rule (3) to Rule 48 says that on finding that the application filed being proper, and accompanied by the documents prescribed therein, a certificate of registration in the name of the owner shall be issued electronically in Form 23-A and sub- rule (4) says that the date of registration of motor vehicle shall be the date of generation of the registration mark under sub- rule (1).

17.

Alongwith the Origianl Petition on hand, the learned counsel for the pettioner has produced Ext.P1, a document alleged to be a copy of the application form submitted for registration. The true copy of the alleged application is produced as Ext.P5. The contention of the learned counsel for

O.P(Crl.) No.283 of 2022 19 the petitioner was that Ext.P5 is nothing but the copy of the application downloaded from the portal of the Government of Kerala. It is urged by the learned counsel that as per Section 39 of the M.V.Act, what is restrained is driving of a motorcycle or causing or permitting a vehicle to be driven in any public place without it being registered. It is urged by the learnd counsel that as it is revealed from the factual situation in the case on hand, the motor vehicle in question was neither driven by its owner nor was caused or permitted to be driven by him in a public place, rather it was being transported in a stage carriage from the premises of the dealer to some destination. Thus it was urged by the learned counsel that Section 39 of the M.V.Act is not violated by the petitioner.

18.

Original Section 192 of the Motor Vehicles Act, 1998 was substituted by the one now available and it speaks about use of the vehicle without registration. It provides that use of the vehicle without registration is an offence punishable, for the 1st offence with a fine which may extend to 5,000/- rupees but shall not be less than 2000/- rupees and the second or subsequent offence, is punishable with imprisonment which

O.P(Crl.) No.283 of 2022 20 may extent to one year or with fine which may extend to 10,000/- rupees but shall not be less than 5,000/- rupees or with both. Therefore, inorder to be chargesheeted for an offence under Section 192 of the M.V.Act, there shall be use of motor vehicle by a person in contraventions of the directions in Section 39. Only when a vehicle is used i.e, vehicle is driven, or caused or permitted to be driven in a public place without registration as contemplated by the provisions of the Act, the offence above will be attracted.

19.

The offences for which the dealer and the Registered Owner who are the 1st and 2nd petitioner stand chargesheeted are those punishable under Section 192 and Section 192 B(2) and Section 16 of the Motor Vehicles Act. The violations mentioned in the final report for attractions of the above offences are those dealt with under Sections 3(1), 192, 192 (B) 39, 41 (1) & (6) and Rules 47, 51 and 52. As per the allegations, the dealer as well as owner had driven or caused or permitted to be driven the built up vehicle in the public place. But on a perusal of the materials appended to the Original Petition, it is found that the newly built up vehicle was

O.P(Crl.) No.283 of 2022 21 never driven or caused or permitted to be driven in a public place. But it was only caused to be carried on or transported in a transport carrier from the premises of the dealer to the premises of the registered owner, admittedly for want of space for the dealer to keep it and therefore, it cannot be said that the owner or dealer has violated the provisions of Section 39 of the M.V.Act.

20.

Section 192 of MV Act makes the violation under Section 39 punishable. When violation under Section 39 is not found, there is no question of an offence under Section 192 being attracted in the case against the owner or dealer and they are not liable to face prosectuion thereunder. When there is no allegation for the prosecution that the vehicle was driven or casued or permitted to be driven on a public road, there is no question of Section 3(1) being violated and both the petitoners i.e. the dealer as well as the owner are not liable to be prosecuted for an offence under Section 16 of the MV Act.

Section 192 (B)(2) reads:

“Section 192-B- Offences relating to registration.- (1) xxxxxx (2) Whoever, being a dealer, fails to make an

O.P(Crl.) No.283 of 2022 22 application for the registration of a new motor vehicle under the second proviso to sub-section (1) of section 41 shall be punishable with fine of fifteen times the annual road tax or the lifetime tax of the motor vehicle whichever is higher.

(3) xxxxx” 21.

It is drawn from the above provision that a dealer shall not permit the vehicle to be taken out of it’s premises without an application for registration being submitted. As already stated under Clause (3) of Sub-rule (1) of Rule 47 of the Rules, a newly built up vehicle cannot be taken out of the premises of the dealer without an application for registration submitted in Form 20. An appliction for registration to be accepted under the provision, necessary fees and the documents mentioned in the provison have to accompany it and those have to be filed within the time permitted by the Rules.

22.

In the case on hand the learned counsel for the petitioner claimed that Ext.P5 appended to the petition on hand is the downloaded copy of the application form. It is found therefrom that the application was uploaded on 29.04.2022 whereas and the vehicle was purchased on 28.04.2022. But it is convinced on a perusal of Ext.P5 that it is not submitted by the dealer in Form 20. The Nomenclature of Ext.P5 shown in

O.P(Crl.) No.283 of 2022 23 the portal is 'disclaimer' and it being totally distinct from Form 20, it cannot be taken as an application filed by the dealer as contemplated under Rule 47 of the Rules. Therefore, the 1st petitioner, the dealer is found to have violated Rule 41 (1) & (6) and Rule 47 of the Rules and is liable to be prosecuted under Section 192 (B)(2) of the MV Act.

23.

In view of the aforesaid discussion, the 1st petitioner alone is liable to be prosecuted under Section 192 (B) (2) of the Motor Vehicles Act, 1988 and is not liable to be prosecuted for offences under Section 16 and Section 192 of the Motor Vehicles Act. The 2nd petitioner who is the owner of the vehicle is not liable to be prosecuted under Section 16 and 192 and 192 (B)(2) of the Motor Vehicles Act,1988.

In the result, OP(Crl) stands allowed in part. The final report, copy of which is produced alongwith the petition on hand as Ext.P1, to the extent it chargesheets the 1st petitioner for offences punishable under Sections 16 and 192 MV Act stands quashed. The 1st petitioner is only liable to be prosecuted under Section 192 (B) (2) of the Motor Vehicles Act.

The final report i.e.Ext.P1 to the extent it charge sheets the 2nd

O.P(Crl.) No.283 of 2022 24 petitioner for offences punishable under Sections 16, 192 and 192 (B)(2) of the MV Act stands quashed forthwith. The jurisdicitonal court can prosecute the 1st petitioner only for an offence under Section 192 (B)(2) of the MV Act.

Sd/- MARY JOSEPH JUDGE MJL

O.P(Crl.) No.283 of 2022 25 APPENDIX OF OP(CRL.) 283/2022 PETITIONERS’ EXHIBITS:

EXHIBIT P-1 TRUE COPY OF THE APPLICATION M.V.CASE NO.

KL63/007/2022 DATED 6-MAY-2022 FILED BY THE 2ND RESPONDENT BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (SPECIAL COURT FOR MPS/MLAS CASES), ERNAKULAM.

EXHIBIT P-2 TRUE COPY OF THE STOCK REPORT AS ON 29TH APRIL 2022 OF THE 1ST PETITIONER.

EXHIBIT P-3 TRUE COPY OF THE CHALAN DATED 2022-04-29- 19:34:03 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P-4 TRUE COPY OF THE REPORT AT 10.48 A.M - 3RD MAY-2022 ON THE WEBSITE OF 2ND RESPONDENT.

EXHIBIT P-5 TRUE COPY OF THE DISCLAIMER PRINTED DATE 29-04-2022 18:38:55.

EXHIBIT P-5(a) TRUE COPY OF THE CERTIFICATE OF INSPECTION TO BE ISSUED BY THE APPROVED DEALER EXHIBIT P-6 TRUE COPY OF THE DISCLAIMER APPLICATION NO.

KL22042904422312 PRINTED DATED 29.4.2022.

EXHIBIT P-7 TRUE COPY OF THE STATUS SHOWING THE REGISTRATION NO.KL07CY2887 CORRESPONDING TO THE ABOVE APPLICATION NO.KL22042904422312 PRINTED DATED 29.4.2022.

EXHIBIT P-8 TRUE COPY OF THE DISCLAIMER APPLICATION NO.

KL22042901424764 PRINTED DATED 29.4.2022.

EXHIBIT P-9 TRUE COPY OF THE STATUS SHOWING THE REGISTRATION NO.KL07CY2858 CORRESPONDING TO THE

ABOVE

APPLICATIOIN

NO.

KL22042901424764.

EXHIBIT P-10 TRUE COPY OF THE DISCLAIMER APPLICATION NO.

KL22042906429682 PRINTED DATED 29.4.2022.

O.P(Crl.) No.283 of 2022 26 EXHIBIT P-11 TRUE COPY OF THE STATUS SHOWING THE REGISTRATION NO. KL07CY2811 CORRESPONDING TO

THE

ABOVE

APPLICATION

NO.

KL22042906429682.

EXHIBIT P-12 TRUE COPY OF THE DISCLAIMER APPLICATION NO.

KL22042903432157 PRINTED DATED 29.4.2022.

EXHIBIT P-13 TRUE COPY OF THE STATUS SHOWING THE REGISTRATION NO. KL07CY2819 CORRESPONDING TO

THE

ABOVE

APPLICATOIN

NO.

KL22042903432157.

EXHIBIT P-14 TRUE COPY OF THE DISCLAIMER APPLICATION NO.

KL22042901427458 PRINTED DATED 29.4.2022.

EXHIBIT P-15 TRUE COPY OF THE STATUS SHOWING REGISTRATION NOT STARTED CORRESPONDING TO THE ABOVE APPLICATION NO. KL22042901427458.

RESPONDENTS’ EXHIBITS: NIL TRUE COPY PA TO JUDGE

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