License and registration of Existing E -rickshaw Elias TOTO  as AB-Initio Is Now Illegal

E Rickshaw Press Meet
E Rickshaw Press Meet

License and registration of Existing E -rickshaw Elias TOTO  as AB-Initio Void( Is Now Illegal )

Declared by Calcutta High Court on 21.04.2017 and  also upheld By Hon’ble Supreme court of India on 8th May 2017&Writ Petition Moved Against Hon’ble Prime Minister of India Shri Narendra Modi before Hon’ble Tripura High Court

Kolkata, 1 July, 2017 : The patent on E-rickshaw  was granted to Shri Kanishk Sinha  -Managing Director cum Head Legal, Jasper Motors Pvt. Ltd, Kolkata, on 28.12.2012 0 w.e.f. 02.05.2005..

2005 – 2012 – Patent granted by Central Government for the technology of battery operated eco-friendly e –rickshaw.

17.06.2015 – Hon’ble Calcutta High Court restrained the respondents from infringing the plaintiffs’ patent in relation to the eco-friendly vehicles after notice and or in presence of Learned Law officer of the State of West Bengal.

31.07.2015 – Hon’ble Supreme Court upheld the said order of the High Court dated: 17.06.2015;

29.04.2016 – The Central Government i.e., The Secretary, Ministry of Road Transport and Highways ordered “with regard to infringement of patents, you may take appropriate steps as may be deemed appropriate;”

 17.06.2016 – The Calcutta High Court constituted High Power Committee on e-rickshaw to restrain plying of unregistered / illegal TOTOs in the State and to formulate some

 20.06.2016 – The High Power Committee on e-rickshaw ordered to regulate illegal TOTOs in the State of West Bengal.

 10.03.2017 – The West Bengal Government announced to convert existing illegal TOTOs (non ICAT) to e-rickshaws (ICAT certified) by giving proper license/registration and insurance against Rs 1.35 – 1.50 lakhs  by deducting Rs 18k to 20k as an exchange value;

 21.04.2017 – The Calcutta High Court declared all licenses/registrations of defendants of C.S. No: 388 of 2014 as void ab initio and also directed the High Power Committee on e-rickshaw not to take any steps affecting the rights of the patent holder.

 08.05.2017 – The Supreme Court again dismissed the special leave to appeal against the Calcutta High Court order dated: 21.04.2017 thereby upholding the said order;

 02.06.2017 – The Transport Department, Government of West Bengal by its said letter / communication ordered that, “this department does not issue any license / registration to the manufacturer of e-rickshaw / defendants of C.S. No: 388 of 2014″ and

23.06.2017 – The Calcutta High Court ordered the alleged contemnor Sri Alapan Bandyopadhyay, Secretary, Government of West Bengal  to inform the court whether they have granted any license / registration or not and if granted whether it was cancelled or not within a week, else contempt rule will be issued.

21-22th Sep, 2015 – The Hon’ble Prime Minister of India Sri Narendra Modi launched / distributed prohibited brand of e-rickshaws in Varanasi.

28.03.2017 – The writ petition moved against Hon’ble Prime Minister of India Sri. Narendra Modi before the Hon’ble Tripura High Court being W.P. (C) 177/2017 titled Lipika Das Sinha & Anr. Vs Shri Narendra Modi & Ors” and on hearing Hon’ble court allowed the said writ petition ordering inter alia “the joint transport commissioner is directed by this court to create an enforcement mechanism for a particular period to supervise enforcement of the changed law in the State of Tripura, so that the illegal business and operation of the E-rickshaw and E-cart cannot be perpetrated by any unscrupulous person.”

 27.06.2017: The Odisha High Court upon hearing the writ petition observe that it is obvious that if the similar vehicle plying in the state than there may be question of infringement of the patent issued in favor of the petitioner / Kanishk Sinha  .

 29.06.2017: Affidavit filed by principal secretary Sri Alapan Bandyopadhyay before the Hon’ble Calcutta High Court stating  that State Government has never granted any License/Manufactures of E Rickshaw. State Government Further State that they have not granted any License or registration to any manufacturers of E Rickshaw  .