Court Restrains Coercive Action Against Petitioner Over Used Car Sale Until Next Hearing
In a significant development, the Delhi High Court, presided over by Justice Madhu Jain, has provided interim relief to petitioner Shankar Kumar Jha in a case involving the non-transfer of vehicle ownership following its sale through a used car company, Spinny. The court has restrained any coercive actions against the petitioner concerning the vehicle's use until the next hearing scheduled for August 10, 2026.
The case, filed as a writ petition under Article 226 of the Constitution of India, seeks comprehensive relief, including the formulation of a detailed policy to regulate the business activities of companies dealing in used cars. Shankar Kumar Jha, represented by Senior Advocate Mr. Abhijat and his team, argued that despite selling his car in 2023, the ownership was not transferred to the buyer, leading to legal complications under the Delhi Excise Act, 2009.
The petitioner received a notice under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023, linked to an FIR registered under Sections 33 and 58 of the Delhi Excise Act. The counsel for the petitioner highlighted the mental and reputational distress caused due to the inaction of Spinny and sought various reliefs, including a directive for the statutory transfer of ownership and protection against all legal liabilities post-sale.
Respondent No. 1, represented by Advocate Ms. Arti Bansal, submitted that they have no involvement in the matter. The court has ordered the issuance of notices and requested counter affidavits to be filed within four weeks, with rejoinders to follow within one week.
The court's interim order prevents any coercive measures against the petitioner regarding the vehicle, providing temporary relief until the case is further examined. The proceedings highlight the growing concerns over regulatory practices in the used car industry and the need for a structured policy framework.
Bottom Line:
Writ Petition under Article 226 of the Constitution of India seeking relief for non-transfer of ownership of a vehicle sold by the petitioner through a company dealing in used cars, and protection against legal proceedings arising due to such non-transfer.
Statutory provision(s): Article 226 of the Constitution of India, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 94, Delhi Excise Act, 2009 Sections 33 and 58.
Shankar Kumar Jha v. Union of India, (Delhi) : Law Finder Doc id # 2928742
