MANINDERJIT SINGH BITTA versus VIJAY CHHIBBER & ORS.

Citation: [2016] 7 S.C.R. 934 · Decided: 13-07-2016 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Disposed off
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Judgment (excerpt)

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[2016] 7 S.C.R. 934 
MANINDERJIT SINGH BITTA 
v. 
VIJA Y CHHIBBER & ORS. 
(Contempt Petition (C) No. 483 OF 2013) 
JULY 13,2016 
[T.S. THAKUR, CJI, R.K. AGRAWAL AND 
R. BANUMATHI, JJ.j 
Contempt of Courts Act: Contempt petition filed highlighting 
issue of impleme111ation of the High Security Registration Plates 
(HSRP) scheme in disobedience of Supreme Court :S orders -
Allegation that the respondents-co/1/enmors failed lo implement the 
HSRP scheme in its true spirit and did not ensure the implementation 
of the orders of Supreme Court and failed to discharge the statutory 
duty imposed upon them by law by not taking any appropriate action 
against Mis Utsav and its consortium par111ers for violating the terms 
of tender conditions and directions of Supreme Court - Held: As 
per the Supreme Court's order dated 8. 12.2011, sub-contracts were 
not permitted for manufacture of HSRP - Mis Utsav had outsourced 
the work to an agency - Prima facie there was violation of 1:50 of 
CMV Rules - Mis. Utsav gave an undertaking to the effect that in 
fi1ture it shall not outsource the blank plate manufacturing as 
;obwork and that the HSRP scheme will be implemented as per the 
terms and conditions of the co/1/ract - Jn view of the undertaking 
filed by Mis. Utsav and the passage of time, the contempt proceedings 
are 1101 proceeded - Howeve1: the respectfre Slates given liberty to 
proceed against 1\1ls. Utsav or the respective SPVfor violatio11, if 
an;-: noticed or brought to its notice - DirectionslGuideli11es issued 
for proper i111ple111entatio11 of HSRP scheme - Motor Vehicles Act, 
1988 - Central Motor Vehicles Rules, 1989 - r.50. 
Central Motor Vehicles Rules, 1989: dO - Type of Approval 
Certificate (TAC) and Conformity of Production (CoP) - Meaning 
of 
Disposing of the contempt petitions, the Court 
HELD: 1. Petitioner alleges that though M/s Utsav has 
informed ARAI (testing agency) only about the existence of .two 
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manufacturing plants i.e. Himachal Pradesh and Delhi, Blank High 
934 
MANINDERJIT SINGH BITTA v. VIJAY CHHIBBER & ORS. 
Security Plates are manufactured by Mis. Utsav Safety Systems 
Pvt. Ltd. at a plant in Assam by outsourcing the work to M/s 
Rosmerta Technologies Pvt. Ltd. The *Order dated 08.12.2011 
does not permit sub-contracts to be awarded by the contractor to 
whom the contract for manufacturing and fixation of HSRP is 
awarded a11d accordingly cognizance of the contempt petition is 
taken. [Para 14] (946-G-H; 947-A] 
2. 
Mis. Utsav Safety Systems Pvt. Ltd. has got a tender 
for manufacturing HSRPs at least in seven states by entering 
into Special Purpose Vehicle (SPV) either with Mis. Linkpoint or 
with Mis. Rosmerta. [Para 22] [950-H] 
3. Type of Approval Certificate (TAC) and Conformity of 
Production (CoP): Once a person has been declared successful 
bidder for the manufacturing of HSRPs then such bidder has to 
obtain TAC and CoP from the testing agency before starting 
manufacturing. Rule 50 of the Central Motor Vehicles Rules 
1989 provides for form and manner of display of registration 
marks. Rule 50 authorizes the testing agency to give TAC to 
individual manufacturer for the manufacture of HSRPs. At 
present, there are four testing agencies to issue TAC which include 
the Automative Research Association of India (ARAI); Vehicle 
Research and Development Establishment (VRDE); Central Road 
Research Institute (CRRI), New Delhi. The successful bidder 
for the manufacturing of HSR plates after completion of 
manufacturini; of HSR plates to apply for TAC, has to pay the 
prescribed fee and submit prototype samples of licensed plates 
conforming to the specifications under the rules. After brief 
checking of approval of drawings, each manufacturer will have to 
submit prototype samples of the licensed plates conforming to 
the drawing approved by the institute. The testing and evaluation 
of HSRP samples shall be as per the specifications laid down in 
the gazette notifications. [Para 23] (951-G-H; 952-A-C] 
4. From the report of the minutes of the various meetings 
and report of the inspection team, it is seen that Mis. Rosmerta 
is not a Technical Partner or a Financial Partner (except in the 
NCT of Delhi) in any of the States where M/s. Utsav has got a 
tender of manufacturing HSRPs. As per the HSRP Order of2001, 
HSRPs have to be certified by the testing agencies. Manufacturing 
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SUPREME COURT REPORTS
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