R K Refreshments and Enterprises (P) Ltd v. Indian Railway Catering and Toursim Corporation Ltd and Ors

O R D E R % 21.10.2009

¶1The present writ petition has been filed against show cause notice issued by Indian Railway Catering and Tourism Corporation Limited to the petitioner caterer. The allegation made by the petitioner is that the respondent-Indian Railway Catering and Tourism Corporation Limited is proceeding with a pre-determined mind in view of their policy decision.

¶2Learned counsel for the petitioner further states that the respondent-Indian Railway Catering and Tourism Corporation Limited in past has terminated catering contracts with immediate effect and thus foreclosed any remedy or attempt by the caterers to approach and obtain interim orders against cancellation of catering contracts.

¶3Learned Attorney General disputes the said contentions but states that any order cancelling the catering contract will not be implemented for a period of ten days to enable the petitioners to take recourse to appropriate remedy, if they are aggrieved.

¶4The statement made by the learned Attorney General is fair and just. The writ petition is accordingly disposed of taking the statement on record. In case any adverse order is passed against the petitioner, the same will not be implemented for a period of ten days to enable the petitioner to take recourse to appropriate remedy. It is clarified that this Court has not expressed any opinion on the merits of the contentions raised by both parties.

SANJIV KHANNA, J.

OCTOBER 21, 2009

VKR

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12554/2009 R.K. REFRESHMENTS AND ENTERPRISES (P)LTD. ..... Petitioner Through Mr. Jayant Bhushan, Sr. Advocate with Mr. Manish Bishnoi & Mr. Gautam Talukdar, Advocates. Versus INDIAN RAILWAY CATERING AND TOURISM CORP. LTD. & ORS. ..... Respondents Through Mr. G.E. Vahanvati, Attorney General with Mr. Gourab Banerji, ASGI with Mr. Devdatt Kamat & Mr. Saurav Agrawal, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA