BIKES AUTO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.R.B.Dave, learned counsel for the petitioner, Bikes Auto Ltd., an authorized dealer of M/s. Hero Moto Corp Ltd., has challenged the initial order passed by the regional Transport Officer dtd. 5/4/2022, by which, the Trade Certificate granted to the petitioner has been suspended for a period of six months. Aggrieved by the order so passed of suspension, the petitioner filed an appeal under Rule 45 of the Central Motor Vehicles Rules (for short "CMV" Rules), 1989. By an order of 31/5/2022, the appeal has been rejected, hence the petition.

(2.) Facts in brief would indicate that the petitioner, initially had a Trade Certificate No. GJ 01 TC 766 and 767 for the period from 2/4/2021 to 2/4/2022. The same was subsequently renewed for the period from 7/4/2022 to 7/4/2023. By the impugned order of suspension dtd. 5/4/2022, the Regional Transport Officer, on allegations made in the order of suspension, suspended the Trade Certificate for the period of six months from the date of the order. The suspension period having run its life, normally would result in disposal of this petition without adjudication on merits; however, as the order has been passed based on an earlier period where the petitioner's Trade Certificate was suspended and during the currency of that suspension, according to the respondents some breaches have occurred has the suspension so resulted.

(3.) Mr.R.B.Dave, learned counsel appearing for the petitioner, would submit that the contents of the order of suspension would indicate that the authority had no basis on which such a suspension order could have been passed to suspend the Trade Certificate for dealing in vehicles and assailing the same was not within the domain of Rule 44 of the CMV Rules, 1989, as no delivery has taken place because the same can only happen after granting of a temporary registration under Rule 52(3)(a) of the Gujarat Motor Vehicles Rules, 1988.