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Association Of Radio Taxis vs Bhavish Aggarwal & Ors
2015 Latest Caselaw 8997 Del

Citation : 2015 Latest Caselaw 8997 Del
Judgement Date : 3 December, 2015

Delhi High Court
Association Of Radio Taxis vs Bhavish Aggarwal & Ors on 3 December, 2015
Author: Manmohan
                                                               #27-29
$~
*       IN THE HIGH COURT OF DELHI AT NEW 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
                               Gupta, Senior Advocates with
                               Mr. Sonal Jain, Mr. Udayan Jain,
CONT.CAS(C) 643/2015, W.P.(C) 6000/2015, 6668/2015     Page 1 of 5
                                                      Ms. Heena Sharma, Ms. Anju
                                                     Thomas, Mr. Manas Gaur, Advocates

                                  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
                                (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.
                                Mr. Sandeep Sethi, Senior Advocate
                                with Ms. Suman Yadav and Mr.
                                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
                               with Ms. Suman Yadav and Mr.
                               Naman Joshi, Advocates
                    versus
CONT.CAS(C) 643/2015, W.P.(C) 6000/2015, 6668/2015                         Page 2 of 5
         GOVERNMENT OF NCT OF DELHI & ORS ..... Respondents
                    Through  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.
                             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
                             Gupta, Senior Advocates with
                             Mr. Sonal Jain, Mr. Udayan Jain,
                             Ms. Heena Sharma, Ms. Anju
                             Thomas, Mr. Manas Gaur, Advocates
                             for R-5.

        CORAM:
        HON'BLE MR. JUSTICE MANMOHAN

                          ORDER

% 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

 
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