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2022 Supreme(Pat) 67

MADHURESH PRASAD, CHAKRADHARI SHARAN SINGH
Kumar Distributors Pvt. Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Akashdeep, Mr. Shyameshwar Kumar Singh.
For the Respondent: Mr. Rakesh Prabhat.

JUDGMENT :

MADHURESH PRASAD, J.

1. This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

2. The petitioner has sought quashing of the communication of respondent no. 4 dated 23.11.2020 refusing to register the vehicles of the petitioner-company in the name of the petitioner-company. Petitioner has also prayed for issuance of a writ in the nature of a writ of mandamus commanding the respondents to register the vehicles of petitioner-company in the name of the petitioner-company and for consequential issuance of the certificate of registration.

3. The petitioner is a company carrying on the business of sale and purchase of two-wheeler and four-wheeler vehicles, having an authorised distributionship for Honda Motors (India) Private Limited.

4. The modus of petitioner’s business operation, as stated in the writ petition, is that vehicles are purchased from the manufacturer by paying the entire cost of vehicles. The petitioner-company, therefore, becomes the absolute owner of such motor vehicles. Apart from receiving a commission on every sale effected by the petitioner as a dealer, it also gets exclusive right to repair, se

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