IHC bars MCI from taking adverse action against food delivery service  

ISLAMABAD – The Islamabad High Court (IHC) on Monday has barred Metropolitan Corporation Islamabad (MCI) from taking any adverse action against a food delivery business.  The stay order was granted by the Chief Justice Athar Minallah on a petition of a food delivery business foodpanda challenging issuance of a notice by MCI. It is a third party food delivery service that takes orders online and delivers food at doorstep and manages its expenses and profits from a certain commission deducted from the income of listed restaurants. 

Earlier, the petitioner was issued a notice by MCI under Islamabad Local Government Act and Islamabad Control of Advertisements Regulations 1977 to restrain foodpanda from unauthorised advertisement on their delivery bikes. The legal counsel for foodpanda pleaded that their riders are identified by their uniform as they are providing door to door delivery facility. 

He said further that the sign of his client’s company printed on riders’ uniform and motorcycles do not come within the expression of advertisement defined in the regulations on 1977. Besides this, he also argued that MCI is not mandated to regulate advertisement in Islamabad according to the regulations. He also alleged that the riders of his company are being harassed by the employees of MCI.     

The court after hearing preliminary arguments issued notices to all the respondents and directed them to submit their comments before the next date of hearing. The court however barred MCI from taking any adverse action against the foodpanda till the next date of hearing. “In the meantime, operation of the impugned notice (MCI notice) shall remain suspended till the next date of hearing,” the order reads.   

Article source: https://nation.com.pk/27-Apr-2021/ihc-bars-mci-from-taking-adverse-action-against-food-delivery-service