JSA, Keystone Partners in Radio Taxis v Ola/Uber battle in Bombay High Court

After litigation in the Delhi High Court, and the Karnataka High Court, it is time for the Bombay High Court to hear pleas against app-based companies, Ola and Uber. The High Court’s SC Dharmadhikari and Dr. Shalini Phansalkar-Joshi JJ issued notice today in a petition filed by the Association of Radio Taxis..Senior counsel Aspi Chinoy, briefed by J Sagar Associates, appeared for the association, arguing that companies such as Uber and Ola were using cars with tourist permits for intra-city travel. This, in fact, was in clear breach of the permit conditions; such permits were actually meant for inter-city and inter-state travel..“A tourist license for intra-city travel is completely violative of the Scheme. If that is the situation, then don’t have any regulations at all.”.Chinoy also argued that unlike Uber and Ola cabs, radio taxis were bound by certain rules and regulations such as using CNG, the maximum fare chargeable etc. On the question of fares, Chinoy said that upto 45% of the actual cost was borne by the app-based companies, thereby allowing them to charge extremely low rates..To which the bench remarked,.“The people are not complaining.”.In the end though, the Bench issued notice, directing that the respondents’ names be corrected to Commissioner of Transport, and State of Maharashtra. The amended petition is expected to be filed tomorrow..Uber India, represented by Dr. Birendra Saraf briefed by Keystone Partners, sought three weeks time to file a reply.