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2011 (7) TMI 1000 - HIGH COURT OF BOMBAYRTI - Exemption from disclosure of information - the petitioner company functions as a service provider to the Government of Maharashtra. - Information sought under RTI refused on the ground that the contract is confidential in nature. The project has been undertaken by the Petitioner, but attempts are made to exploit the Petitioner for personal gains by various unscrupulous elements. - held that:- The information sought is not in relation to the individual Smart Cards or registration certificates or details thereof. The information sought is in relation to the decision taken and the policy framed for providing the Smart Cards and if the means to provide the same are by inducting private service providers, then, only details of the agreements executed with such service providers and the copies thereof have been sought. In my view, there was nothing in the information sought by the Respondent No. 4, by which commercial confidence, trade secrets or intellectual property is being disclosed, leave alone the disclosure of which would harm the competitive position of a third party or it would lead to incitement of an offence. Merely because the details of the service providers are to be disclosed and the copies of the agreements would be provided, that does not mean that their interests are harmed or their competitive position is affected. It has been rightly pointed out by the Respondent No. 4 that some other Transport Commissioners have been providing such details for the respective territories and States, therefore, there was no need for the Transport Commissionerate for Maharashtra to withhold this information. - Directed to provide the information under RTI.
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