The ban on Uber cab service imposed by the Delhi Government stays as the Delhi High Court on Wednesday refused to lift the ban in the national Capital. The ban was imposed after one of its drivers was arrested for allegedly raping a woman passenger. Justice Vibhu Bakhru, however, asked petitioner Uber India Systems Pvt ltd to give its representation to Delhi Government’s Transport department on December 29. The court also declined Uber’s request that it should be granted the relief in parity with the OlA cab, which has been allowed to operate in the Capital for the time being.
“It is not identical. The person pays to the taxi person there and in your case the payments are accepted through other mode. We are not staying the order, but we would like them (Delhi Government) to hear you. The concerned officers of the department shall pass a speaking order after considering all the points raised by the petitioner (Uber),” the court said, adding that Uber should give their representation on Monday. The court, meanwhile, has kept pending the petition and listed it for further hearing on January 6, 2015.
It also said that the Uber India system shall provide necessary contact details including e-mail addresses on which the communication in this regard is sent. The court order came on a plea moved by Uber, through senior counsel Rajiv Nayar, who sought quashing of the public notice issued on December 8 blacklisting Uber from providing any transport service in the national Capital. “It is well settled that no order of blacklisting can be sustained without an opportunity being given to be heard by the affected party,” Nayar argued.
Uber moved court after the High Court on Tuesday allowed OlA Cabs to operate in the Capital until further notice. Besides Uber, 20 other app-based cab services including Ola Cabs have been banned to operate within Delhi, following the rape of a 27-year-old woman executive on December 5 night by the driver of Uber. The petition said that the accused driver had registered with the Uber BV, having its office at Amsterdam, Netherlands, for providing transportation services to the users by signing the partner registration form. “As per the terms and conditions applicable to Transport Providers using the Uber platform, it is abundantly clear that the Uber BV does not provide any transportation service and is not transportation or a passenger carrier.