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HC gives no interim relief to Uber in licence case

HC gives no interim relief to Uber in licence case

The Delhi High Court on Wednesday refused to grant any interim relief to app-based cab company Uber on its plea challenging rejection of application for licence to operate in the national capital, saying that it was not supposed to ply if it did not have any permit.

Justice Mukta Gupta issued notice to the Delhi government and city police and sought their response by 8 July on Uber India Technology Pvt Ltd’s plea that a June 3 order rejecting its licence application be quashed.

The Delhi government had cancelled the licence application of Uber for not complying with the provisions of the recently amended Radio Taxi Scheme of 2006.

The amendment was introduced after app-based cab companies were banned in the capital following an Uber cab driver allegedly raping a finance executive in December last year.

The modified scheme imposes various mandatory requirements, including having prefixed calibrated metres, a GPS device and running on CNG, on the companies for grant of licence.

Senior advocate Siddharth Luthra, appearing for Uber, said its case was similar to that of two other companies, Apra Cabs India Pvt Ltd and Serendipity Infolabs Pvt Ltd (Taxi for Sure), whose applications for licence was rejected by the Delhi government on 3 June.

He sought parity with them as another bench of the high court had quashed the rejection of licence application of the two companies and had also held the coercive action taken against them as invalid.

Though the court refused to pass any interim order till it gets the replies of the government and police, it listed the matter for 8 July after counsel for Uber sought that the matter be given an early date.

It did not give any date in June saying the company by its own admission has not been functioning for last six months and added, “You are not supposed to ply if you do not have any licence.”

The counsel for the Delhi government said that other matters related to plying of app-based cabs are listed for hearing on 22 July and sought that this petition be also
listed then.

The court in response said the bench concerned on 8 July will decide when to hear Uber’s petition.

On 12 June, a division bench of the high court had refused to hear Uber’s plea and had asked it to mention before another bench.

In the case of Apra Cabs and Serendipity Infolabs, the court had on 11 June set aside the rejection order and had also held as invalid the coercive actions, including issuance of challans, against them.

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