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2023 Supreme(Bom) 116

G. S. PATEL, S. G. DIGE
Roppen Transportation Services Pvt Ltd. – Appellant
Versus
State of Maharashtra, Transport Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr Aspi Chinoy, Senior Advocate, with Fereshte Sethna, Abhishek Tilak, Praprati Kedia, Shivani Sanghavi, Suyash Bhave, Mohit Tiwari, Ashish Mishra & Aman Dutta, i/b DMD Associates.
For the Respondent:Dr Birendra Saraf. Advocate General, with PP Kakade, GP & AA Alaspurkar, AGP., Ms Gayatri Singh, Senior Advocate, with Ronnita Bhattacharya & VG Sreeran., Mr Akshay Deshmukh, with Pratik Wakade & Aniket Pawar., (Mr Babaji Kambale., Mr Anand Tambe., Mr JB Patil, Additional Transport Commissioner., Mr Sanjeev Bhor, Deputy RTO, Pune., Smt SM Wadekar, Motor Vehicles Prosecutor., Mr Kailas Kothawade, Assistant Transport Commissioner., Mr Jayesh Chiplunkar, Assistant Motor Vehicles Prosecutor) Present in Court

JUDGMENT :

GS Patel, J.

1. Heard.

2. The 1st Petitioner operates what is called an aggregator service under the name Rapido. This is similar to services offered by the other aggregators for four-wheelers, two-wheelers and three-wheelers. In this Petition, the Petitioners are concerned with the 1st Petitioner’s services regarding two– and three–wheelers. Typically, the services operate like this. There is a multi-platform mobile application or App. Passengers/riders who desire to avail of the service must register on this mobile platform. Once, for a fee, they can ‘book a ride’. The passenger is picked up at his or her location, wherever the passenger presently is. The destination is also provided in advance. The cost of the ride is either debited to a credit card or to an account maintained with the service provider. This is an ‘aggregator’ because it brings together operators of vehicles on a single platform. The aggregator need not itself own the vehicles to be used. Private vehicles are often used to offer these services. Passengers can choose from a range of options, such as different car types, prices, and providers. Taxi aggregators also offer opportunities for drivers, such as

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