An amendment to a claim petition seeking the revival of a contract on modified terms does not change the nature of the suit if the original claim already sought the setting aside of the termination of that contract.

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Order No. 03 / Dated : 20.12.2025.

1. Mr. Ashok Kumar Yadav, learned Sr. S.C.-I, appearing for the State, seeks an adjournment to file the statement of fact by way of counter affidavit.

2. In view of the fact that the reply has been filed before the Tribunal, which is available on record, therefore, there is no further requirement for filing the statement of fact on behalf of the State.

3. Petitioners are the claimants-applicants in Arbitration Proceeding No. 01 of 2019 and is aggrieved by the order dated 11.06.2025 by which the amendment application has been rejected.

4. The claimants and the respondents entered into an agreement on 30.04.2012 for the purpose of manufacturing, supply and affixing “HIGH SECURITY REGISTRATION PLATES” on the vehicles in the State of Jharkhand. On 13.08.2012 the said contract was terminated on account of dispute arising between the parties, consequently, the arbitral clause in the agreement was invoked and the claim application was filed for the following reliefs: -

I. To set aside the order dated 13/08/2012 passed by Secretary-cum- Transport Commissioner, Jharkhand, whereby the agreement dated 30/04/2012 has been terminated.

II. Damages of Rs. 6,78,75,100/- in respect of the loss of business caused to the claimants as detailed in para-81 of the claim petition.

III. To pay the sum of Rs. 26,98,504/- for the payment of salaries and miscellaneous expenses.

IV. Rs. 30,35,275/- under the heads of counsel fees and legal expenses etc.

5. The opposite parties-State filed its reply to the claim petition and asserted that no agreement had been given to another party namely M/s Rosemarta Technology Limited.

6. In view of the change of statutory regime the mode and source of procurement of HSRP was allowed to be optional allowing the vehicles dealers to fix HSRP on the vehicles after procuring them from HSRP vendors, but only to the vehicles registered on or after 01.04.2019. Only the old vehicles that is those registered before 01.04.2019 remain open for HSRP fixation by the HSRP suppliers like the present petitioners.

7. Petitioner seeks to incorporate by way of amendment an alternative claim for renewal of part of the original agreement for affixing “HIGH SECURITY REGISTRATION PLATES” on the vehicles in the State of Jharkhand qua the vehicles registered/manufactured prior to 1.4.2019.

8. The proposed amendments are as under:

A]. The following pleadings may be added after paragraph 87: -

"87A, The Claimants state and submit that from the development and the fact and circumstances as mentioned hereinabove it appears that the said purported agreement between the Respondents and M/s. Rosemarta Technologies Limited was never acted upon or implemented. The Claimants have reasonable doubt that any such agreement was ever executed or signed between the Respondents and M/s. Rosemarta Technologies Limited. It is further submitted by the Claimants that ever since the termination of the Agreement dated 30/04/2012 по affixation of H.S.R.P. has taken place in the State of Jharkhand on the then existing vehicles and new vehicles.

87B. The Claimants further state and submit that, in December 2018 provisions of Rule 50(1)(v) of the Motor Vehicle Rules, 1989 were amended. The proviso in Rule 50(1)(v) was substituted providing that the HSRP for new vehicles shall be supplied by the vehicle manufacturers along with the vehicles manufactured on or after 01.04.2019 to their