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Uber Rides Rescued : HC Derails Protest

The popular app-based cab aggregator, ‘Uber’ got a major reprieve from the Bombay High Court, which has extended urgent ex parte ad interim relief to them, effectively shielding the company from an imminent protest organized by rickshaw drivers’ unions, which was slated to commence from July 23.

The relief was granted after Uber approached the Court seeking protection due to threats of violence and disruptions to its operations and services.

The matter was heard by Justice R.I. Chagla, who presided over the single-judge bench. Uber, represented by its legal counsel, submitted that the protests had escalated beyond mere dissent and were now actively targeting their driver-partners.

The unions were allegedly instigating Uber drivers to abandon services and demanding parity with black and yellow taxis, in addition to a ban on bike taxis.

Uber’s counsel told the Court that the agitation had taken a violent turn. Their submissions detailed instances where Uber drivers were being threatened, forcibly stopped mid-ride, and subjected to physical violence, including vandalism of vehicles.

The situation had deteriorated to such an extent that police complaints had been lodged not only by Uber but also by its drivers and passengers. Even though authorities had issued warnings to avoid disruptions, the counsel argued, the situation escalated further — including chasing Uber drivers at the Mumbai airport and smashing car windshields.

Uber further contended that pamphlets were being circulated by union leaders, provoking driver-partners to participate in the unlawful protest.

To support its plea for interim protection, the company submitted documentation showing similar incidents in Delhi, Bengaluru, and Hyderabad, where courts had previously granted protective relief, and urged the Bombay High Court to issue similar directions, including police assistance.

The Court took serious note of the submissions and observed that the plaintiff’s services were being hampered, and more critically, threats were being posed to both Uber drivers and passengers.

Additionally, the court remarked that if notice had been served to the defendants beforehand, it could have "escalated the situation" even further, hence necessitating ex parte relief.

Justice Chagla also referred to a notice issued by the rickshaw driver unions to their members, which explicitly called for the disruption of Ola and Uber’s services.

What heightened the urgency of the matter, the Court noted, was that the unions had declared that starting July 23, all Uber vehicles would not only be halted but also damaged.

After considering the submissions, the Court concluded:

“Having gone through the submissions I believe that the plaintiffs have made out a strong case for ex parte ad interim relief. Given the last actions of the defendants, the protest slated from today would not be peaceful. Therefore orders must be passed to prevent such illegal actions.”

Accordingly, the Bombay High Court has granted urgent ex parte ad interim relief to Uber, restraining all defendants , named and unnamed — from carrying out the planned protest or engaging in any unlawful obstruction or violence until further orders.


Source: News

 

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Shalini Chavan

Advocate, Bombay High Court

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