- (1.) The respondents having restrained the petitioner from displaying the board using the words "Prepaid Taxi Services" has approached this Court through the present writ petition under Articles 226/227 of the Constitution of India seeking quashing of letters Annexures P.4 and P.6 passed by them and writ of mandamus with a direction to respondent No.2 to allow the petitioner to continue with the business of providing prepaid taxi services by displaying the same on the Board.
(2.) Brief facts as narrated in the petition may be noticed. The petitioner is a private limited company duly incorporated under the Companies Act, 1956 (in short, "the Act"). It provides taxi/cab services at Rajasansi International Airport at Amritsar under the valid and legal agreement dated 17.9.2007 entered between Airport Authority of India and the petitioner. The said licence agreement is for a period of five years commencing from 2.9.2007 to 1.9.2012, Annexure P.1. The petitioner was running its business smoothly. In July 2008, the persons who ply their taxis outside the Rajasansi International Airport at Amritsar in the name and style of "The Raja Sansi Airport Prepaid Taxi Association" filed a civil suit for permanent injunction restraining the petitioner from displaying the words "Prepaid Taxi Service" by installing a board before their counters and also from interfering into the business of the said Association. Alongwith the suit, an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure was also filed. The suit was filed against the petitioner and Airport Authority of India. The suit was contested by both the parties by filing written statement The trial court after hearing the parties vide order dated December 4, 2008, Annexure P.3 dismissed the application for temporary injunction. Thereafter, the petitioner received a letter dated 25/29.9.2009, Annexure P.4 from the respondent-authority alleging that use of "Prepaid taxi" board could not be used as the same was not as per the agreement. The petitioner-company sent a reply dated October 5, 2009, Annexure P.5 to the said letter. According to the petitioner-company, no appeal was filed against the order dated 4.12.2008 and as a result the said order attained finality. The petitioner-company again received a letter dated July 30, 2010, Annexure P.6 from the respondent-authority directing it to change the board on counter where it is mentioned "prepaid taxi". It was also stated in the said letter that if the board was not changed by August 2, 2010, then action shall be initiated against the petitioner-company including termination of the contract. Hence this petition.
(3.) Learned counsel for the petitioner submitted that a suit was filed by the Raja Sansi Airport Prepaid Taxi Service Association for permanent injunction wherein respondent No.2 had while filing the written statement admitted that there was no sign board illegally displayed by the petitioner and under such circumstances, the respondents could not now deny the said benefit to the petitioner. It was further submitted that Clause 17 of the agreement between the parties did not apply and moreover, the petitioner is not advertising and the same was not covered thereunder.;