OM AUTOMOBILES, BERHAMPUR Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Petitioner, which is a partnership firm, carrying on the business of trading, export, import of vehicle and sale of automobiles and automobile spare parts, has filed this petition challenging a Vehicle Checking Report (VCR) dtd. 5/8/2008 issued by the Traffic Inspector, Orissa Motor Vehicle Division, Ganjam, Chhatrapur and an order dtd. 6/8/2008 passed by the Registering Authority-cum-Regional Transport Officer (RTO), Ganjam, Chhatrapur directing that the vehicles sold by the Petitioner Firm shall not be registered. The Petitioner also seeks a direction to the RTO (Opposite Party No.3) to renew the Trade Certificate (TC) of the Petitioner for a further period of one year.

(2.) The background facts are that the Petitioner firm had a dealership agreement with M/s. Honda Motor Cycle and Scooter India Pvt. Ltd. initially for a period of three years. This was further extended up to 16/2/2010. For the purposes of dealership, the Petitioner had taken premises on rent for a period of 15 years from 5/4/2003 onwards. The Petitioner is stated to have invested nearly Rs.70.00 Lakhs for the Honda dealership at Berhampur as well as the workshop for the Honda Scooter and Motor Cycle at Berhampur. The Petitioner was registered under the Orissa Sales Tax Act and subsequently, the Orissa Value Added Tax Act. The Petitioner applied for a TC under Rule 35 of the CMV Rules, 1989 and was granted the said certificate on 7/4/2005 in Form-17. The certificate was to be renewed every year.

(3.) It is stated that on 5/8/2008, the Traffic Inspector in the office of the RTO, Ganjam, Chhatrapur came to the premises of the Petitioner, verified the godown and found 38 vehicles (Honda Scooters and Motor Cycles). He demanded to see the TC issued to the Petitioner. On examination, it was found that the said TC had lost its validity. There upon Opposite Party No.4 issued a VCR in Form-54 and imposed a penalty under Sec. 192 of the Motor Vehicles Act, 1988 (MV Act) read with Sec. 3 of the Orissa Motor Vehicles Taxation Act (OMVT Act).