- (1.) HEARD Mr. Loney, the learned A. G. P. for the Appellants and Mr. S. N. Bhattad, learned counsel for the respondent.
(2.) THE Appellants are the Deputy Regional Transport Officer. Akola and State of Maharashtra, who were the original defendants and have preferred this appeal against the Judgment and Order dated 2/05/2001 passed by the District Judge, Akola in Regular Civil Appeal No. 431/2000, under which the lower Appellate Court quashed and set aside the Judgment and Decree dated 14-9-2000 passed in Regular Civil Suit No. 824/1997, between the parties and remanded the matter to the lower Court with a direction to readmit the suit in its original number in the register of Civil Suits and after giving the opportunities to both the sides on the application at Exh. 22, under Order 39, Rule 2-A of the Code of Civil Procedure, dispose of the same according to law and also decide the suit according to law.
(3.) THE Plaintiff filed a suit against the defendants for declaration and permanent injunction. It is the case of the plaintiff that he applied for loan from the District Industrial Centre Akola, in order to purchase a Light Motor Vehicle known as Mini Door Three Wheeler for transport purpose. He was advanced a loan of Rs. 20,000. 00 with interest @ 8% p. a. A further loan was granted by State Bank, and on 28/10/1997 the plaintiff had purchased and got delivery of the vehicle. On the next date i. e. on 29/10/1997 the plaintiff went to R. T. O. Akola for registration of the vehicle, but the same was refused at the first instance as the plaintiff had approached the office of R. T. A. after the expiry of 180 days, from the purchase of the vehicle. The defendant i. e. the R. T. O. permitted the plaintiff to make a fresh application and, therefore on 29/10/1997 the plaintiff preferred a fresh application which was also refused, particularly on the ground that the licence of the plaintiff for Light Motor Vehicle Transport and asked him that he should obtain licence to drive three wheeler transport and till he is granted the licence, the vehicle cannot be registered.;