New Delhi: The Supreme Court today has allowed the registration of all BS IV vehicles which were sold in March. The order has come as a relief to thousands of customers who purchased BS IV vehicles in March but could not be get them registered before the deadline of March 31, in the wake of the COVID pandemic and subsequent lockdown.
A 3-judge bench of Justices Arun Mishra, BR Gavai and Krishna Murari issued the directions while hearing plea related to the sales and registration of BS-IV vehicles. The court has disallowed registration of all the vehicles which were sold by dealers during the lockdown, because no such transactions were proposed.
The court had, on July 31, banned the registration of BS-IV vehicles till further orders. The bench had expressed displeasure over the large number of vehicles that were sold in March, saying something “fraudulent” may have taken place. The court wasn’t convinced of the permission sought by dealers about returning the unsold inventory of BS-IV vehicles to the manufacturers so that they could be exported to other countries. The inventory pileup, as per the dealers, was due to the slowing economy, combined with the impact of the COVID-19 outbreak and consequent lockdowns. The automobile sector has been one of the worst affected in this.
During the hearing today, the Court observed that despite its orders that no registration would take place for sales post March 31, certain sales were made, details of which were not uploaded on e-vahan. The Bench clarified that all the registrations on e-portal, including the temporary registrations are allowed. This will, however, not be applicable to Delhi NCR.
“We cannot be allowing registration of vehicles in Delhi NCR. This is not applicable to Delhi NCR,” Justice Mishra said.
During the hearing, Senior Advocate KV Vishwanathan, appearing for FADA, requested the court to allow registration of vehicles sold till May 31, as sales of July are already gone.
Justice Mishra stated that sales have been made during the lockdown and fraud has been played with the court. An order has already been passed and registration of vehicles sold in Delhi NCR post March 31 will not be allowed.
The Bench noted that the Court had only allowed a grace period during lockdown, but did not allow sales as such. “You did all kinds of nonsense. Don’t argue that we allowed sales. I remember the entire order. Will call for it if you keep arguing like this,” Justice Mishra remarked.
Counsel for FADA, Advocate Vishwanathan tried to argue that the Court had permitted sales during lockdown. He stated that sales took place online. There were telephonic bookings. There were sales because the purchasers had certain mahurats.
Justice Mishra wasn’t convinced and said they can’t allow mahurat sales. During lockdown, all these things can’t be considered; these ‘mahurat purchases’. Law must take precedence over these things.
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“Whatever your lordships say, we will comply. But I urge you to dispel any thoughts that there was any wrongdoing or misuse of the lockdown period.” Advocate Vishwanathan said.
The matter will be taken up again next week.
-India Legal Bureau
pic credit- carandbike.com