Uber India Technology Private Limited And 3 ORS v. State Of Maharashtra And 3 ORS And Association Of Radio Taxis (Applicant)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS (L) NO.196 OF 2017 IN WRIT PETITION (L) NO.1475 OF 2017 Association of Radio Taxis : Applicant.

In the matter between Ali Raza Husain Ali Nathani & ors.

: Petitioners.

v/s Commissioner of Transport, Maharashtra State & ors.

: Respondents.

ALONGWITH CHAMBER SUMMONS (L) NO.222 OF 2017 IN WRIT PETITION NO.1329 OF 2017 Association of Radio Taxis : Applicant.

In the matter between Uber India Technology Pvt. Ltd & ors.

: Petitioners.

v/s State of Maharashtra and ors.

: Respondents.

Mr. Kevic Setalwad, Senior Advocate a/w Mr. Anupam Surve i/by Ms. Priya C Vaity for the Petitioner in Writ Petition (L) No.1475 of 2017 Mr. Aspi Chinoy, Senior Advocate a/w Zerick Dastur a/w Ms. Prerna Arora a/w Ms. Aashni Dalal and Mr. Kunal Kothary i/by Zerick Dastur & ANB Legal for the Petitioner in Writ Petition No.1730 of 2016 and for the Applicant in Chamber Summons (L) No.222 of 2017. Mr. Darius Khambata, Senior Advocate a/w Mr. Prateek Pai a/w Ms. Rinka Gadoya i/by Keystone Partners for the Respondent Nos.6 and 7 in Writ Petition No.1730 of 2016.

Mr. Darius Khambata, Senior Advocate a/w Ms. Naira Jejeebhoy a/w Mr. Sachin Mandlik, Pranav Sampat, Mr. Haabil Vahanvaty and Mr. Pranav

Agarwal i/by Khaitan & Co. for the Petitioners in Writ Petition No.1329 of Mr. Iqbal Chagla, Senior Advocate a/w Mr. Jehaan Mehta, Mr. Gurpreet Sing Karlon, Mr. Faisal Sherwani, Mr. Astrid Pereira, Mr. Durgesh Kulkarni i/by Lex Firmus for the Respondent No.5 in Writ Petition No.1730 of 2017. Mr. Sham Mehta, Senior Advocate a/w Ms. Dhwani Mehta a/w Ms Neha Kavitha i/by D M Law Chambers for the Applicants in Chamber Summons (L) Nos. 195 of 2017 and 225 of 2017.

Mr.Ravi Kadam, Senior Advocate for the Respondent Nos.9 to 17 in Writ Petition (Lodging) No.1475 of 2017 Mr. G W Mattos, AGP for the Respondent State. CORAM :

R. M. SAVANT & SMT. SADHANA S JADHAV, JJ.

DATE :

30th JUNE 2017 P.C.

The above Chamber Summons (L) No.222 of 2017 is not on board but is companion to Chamber Summons (L) No.196 of 2017. Hence by the consent of the learned counsel for the parties, the said Chamber Summons (L) No.222 of 2017 is taken on board and heard.

The above Chamber Summonses have been filed by the Applicants for intervention in the above Writ Petitions. The Applicant has filed a Petition being Writ Petition No.1730 of 2016 in this Court, which has been admitted by a Division Bench of this Court on 06/10/2016. To the said Petition, Uber India Systems Pvt. Ltd., who is one of the Petitioners in the above Writ Petition No.1329 of 2017, is a party Respondent.

The learned Senior Counsel Mr. Kevic Setalwad and Mr. Darius Khambata appearing on behalf of the Petitioners in the above Writ Petitions have no objection if the Applicants are allowed to be joined as party Respondents to the above Petitions.

In view of the said statement made by the learned Senior Counsel for the Petitioners, the above Chamber Summons are allowed and made absolute in terms of prayer clause (a). Amendment to be carried out within one week from date. By consent of the learned counsel for the parties, Writ Petition (L) No.1475 of 2017 is treated as the lead matter, amongst the matters challenging the Motor Vehicle Rules in question. The affidavits therefore to be filed in the said Writ Petition (L) No.1475 of 2017. The learned AGP Mr. Mattos makes a statement to the effect that a committee has been constituted by the State Government inter-alia to look into the fare structures for the taxis including the taxis to whom the Motor Vehicle Rules are applicable and the decision of the committee is awaited. The learned AGP further makes a statement that till 3rd August 2017 no coercive steps would be taken in furtherance of the impugned Rules. [SMT. SADHANA S JADHAV, J] [R.M.SAVANT, J]