Association of Radio Taxis v. Bhavish Aggarwal & Ors.

Delhi High Court · 03 Dec 2015 · 2015:DHC:9868
Manmohan
CONT.CAS(C) 643/2015
2015:DHC:9868

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#27-29 HIGH COURT OF DELHI
CONT.CAS(C) 643/2015
ASSOCIATION OF RADIO TAXIS ..... Petitioner
Through Dr. A.M. Singhvi and Mr. Nidhesh Gupta, Senior Advocates with
Mr. Sonal Jain, Mr. Udayan Jain, Ms. Heena Sharma, Ms. Anju Thomas, Mr. Manas Gaur, Advocates
VERSUS
BHAVISH AGGARWAL & ORS ..... Respondents
Through: Mr. Sandeep Sethi, Senior Advocate with Ms. Suman Yadav and Mr. Naman Joshi, Advocates for ANI
Technologies Pvt. Ltd.
Mr. Naushad Ahmed Khan, ASC (Civil) for GNCTD/Delhi Police with
Mr. S. Roy Biswas, Dy.
Commissioner, Transport Dept., Insp.
Kailash Bisht, Legal Cell Traffic and SI Uday Singh, Traffic/HQ.
WITH
W.P.(C) 6000/2015 & CM APPLs. 10885/2015, 19928/2015, 26581/2015
ASSOCIATION OF RADIO TAXIS ..... Petitioner
Through Dr. A.M. Singhvi and Mr. Nidhesh CONT.CAS(C) 643/2015, W.P.(C) 6000/2015, 6668/2015
2015:DHC:9868
VERSUS
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Manish Mohan, CGSC with Mr. Shivam Chanana and Ms. Pooja Mishra, Advocates for R-1&2.
Mr. Naushad Ahmed Khan, ASC Mr. S. Roy Biswas, Dy.
Commissioner, Transport Dept., Insp.
Kailash Bisht, Legal Cell Traffic and SI Uday Singh, Traffic/HQ.
Mr. Sandeep Sethi, Senior Advocate Naman Joshi, Advocates for ANI
Technologies Pvt. Ltd.
Mr. Rajiv Nayar and Mr. Dayan Krishnan, Senior Advocates with
Mr. Susmit Pushkar, Mr. Abhijeet Swaroop and Mr. Anchit Oswal, Advocates for R-8&9.
Mr. Darpan Wadhwa, Advocate with Mr. Akhil Sachar, Advocate for R-10.
AND
W.P.(C) 6668/2015 & CM APPL. 13052/2015
ANI TECHNOLOGIES PVT. LTD. ..... Petitioner
Through Mr. Sandeep Sethi, Senior Advocate Naman Joshi, Advocates
VERSUS
GOVERNMENT OF NCT OF DELHI & ORS ..... Respondents
Through Mr. Naushad Ahmed Khan, ASC Mr. S. Roy Biswas, Dy. Commissioner, Transport Dept., Insp. Kailash Bisht, Legal Cell Traffic and SI Uday Singh, Traffic/HQ.
Mr. Kirtiman Singh, CGSC with Mr. Gyanesh Bhardwaj and Ms. Prerna Sah Deo and Mr. Waize Ali
Noor, Advocates for UOI.
Dr. A.M. Singhvi and Mr. Nidhesh for R-5.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN O R D E R 03.12.2015
In compliance with the last order, learned senior counsel for respondent nos. 8 and 9 in W.P.(C) 6000/2015 has handed over information in a sealed cover to this Court as well as to Mr. Naushad Ahmed Khan, learned additional standing counsel (civil) for Govt. of NCT of Delhi. The sealed cover handed over in Court has been opened and the information therein has been perused.
Petitioners and respondents are directed to file an affidavit disclosing the number of taxis as well as details of taxis that are being operated, managed and maintained by each one of them, namely, details of all taxis working under each of the party’s platform whether as an aggregator or as an owner or as an individual. The affidavit should be filed in a sealed cover in this Court and a copy of the same should be supplied in a sealed cover to
Mr. Naushad Ahmed Khan, who assures this Court that said information will be kept confidential and will not be disclosed to the competitors. He, however, states that for practical reasons the said information shall be shared with the transport officials and Delhi Police.
The statement made by Mr. Naushad Ahmed Khan is accepted by this
Court and the Govt. of NCT of Delhi and Delhi Police are held bound by the same.
Respondents are also directed to place on record a copy of monthly schedule of phasing out of the taxis. For instance, the information disclosed by respondent no. 10 in W.P.(C) 6000/2015 in its latest affidavit is sketchy.
Respondent no. 10 has not disclosed as to how many taxis it has converted from diesel to CNG.
This Court may mention that it is also inclined to appoint a
Committee of secretaries of Central as well as State governments to examine the issue of private transport within the NCR region. Parties are directed to obtain instructions with regard to the suggestion within one week.
List on 15th December, 2015.
The Court Master is directed to reseal the information provided today by respondent no. 8 and 9 and place the same in the file of W.P.(C)
6000/2015.
Order dasti under signature of Court Master.
MANMOHAN, J DECEMBER 03, 2015 rn
JUDGMENT