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2022 Supreme(Kar) 827

ALOK ARADHE, M. G. S. KAMAL
Union Of India – Appellant
Versus
Bundl Technologies Private Limited – Respondent


Advocates appeared:
Mr. M.B. Nargund, Addl. Solicitor General A/W Mr. Amit Anand Deshpande, Advocate, for the Appellant; Mr. Lakshmi Kumaran, Advocate, For Mr. Ravi Raghavan, Advocate, Mr. Syed M. Peeran, Advocate, Mr. Siddharth Balve, Advocate, for the Respondent.

JUDGMENT

1. This intra Court appeal takes an exception to order dated 14.09.2021 passed by the learned Single Judge by which the writ petition preferred by the respondent No.1 has been disposed of with the direction to the appellants to consider the applications for refund submitted by the respondent No.1 and to pass suitable orders thereon within a period of four weeks, in the light of observations made in the order. In order to appreciate the appellants' grievance, relevant facts need mention.

2. The respondent No.1 namely M/s. Bundl Technologies Pvt. Ltd. (hereinafter referred to as 'the Company' for short) operates an e-commerce platform under the brand name of 'Swiggy'. On the aforesaid platform, the consumers can place orders for delivery of food from nearby restaurants, which is made through delivery partners which include pick up and delivery partner (PDP) who are directly engaged by the Company as well as temporary delivery executives (Temp DEs) whose services are procured by the Company through third party service providers. During normal operations, the deliveries are

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