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Rajiv Nayar, Khaitan win for Uber in Delhi HC over rejection of taxi licence

The Delhi high court on Wednesday set aside the state government’s order rejecting an application of the US-based Uber taxi service for a licence to ply in the national capital, with Uber represented by senior counsel Rajiv Nayar and long-time litigation adviser Khaitan & Co.

Justice Manmohan also asked the Delhi government to decide the application within 10 days and inform the company about the requirements that need to be met.

The court also told the Delhi transport department to impose any condition on Uber in accordance with the law if it was inclined to grant licence to the company and ask the firm that it will have to comply with the laid-down condition.

“There cannot be a blanket ban... you (Delhi government) can impose some conditions which they have to fulfill,” the court said.

Uber India Technology Pvt. Ltd. approached the court against a June 3 order of the Delhi government to deny extension of its licence to operate radio cabs in the national capital.

Delhi’s transport authority on June 3 rejected the licence application of Uber for not complying with the provisions of the recently amended Radio Taxi Scheme of 2006.

Last December, the Delhi government banned Uber taxi service after a 27-year-old MNC executive was raped in a taxi operated by an Uber driver.

Thereafter, an amendment was made in the scheme, imposing mandatory requirements like prefixed calibrated meters, GPS device and CNG fuel on the companies for grant of licence.

Uber's other counsel, Sidharth Luthra, during hearings in June, had told the court that in a similar case filed by Apra Cabs India Pvt. Ltd. and Serendipity Infolabs Pvt. Ltd. (Taxi for Sure), whose applications for licence were also rejected by the Delhi government on June 3, another bench had quashed the rejection of their applications in June.

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