Bombay High Court
Jayant Kumar Ghosh Outdoor Catering ... vs Indian Railways Catering And Tourism ... on 23 August, 2022
Author: M. S. Karnik
Bench: Dipankar Datta, M. S. Karnik
901-WP.9962.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9962 OF 2022
Dinesh Singh Tomar Catering }
Services } Petitioner
versus
Indian Railways Catering and }
Tourism Corporation Limited }
and Ors. } Respondents
WITH
WRIT PETITION (ST) No. 20398 OF 2022
(NOT ON BOARD)
Jayant Kumar Ghosh Outdoor }
Catering Pvt. Ltd. } Petitioner
Versus
Indian Railways Catering and }
Tourism Corporation Limited }
and Ors. } Respondents
Mr. Induprakash Tripathi with Ms. Bhagyashri Gawas
i/b. Mr. C. K. Tripathi for the petitioners.
Mr. Amit Sali i/b. Consulta Juris for respondent no. 1.
Mr. J. S. Saluja for respondent nos. 2 and 3.
CORAM: DIPANKAR DATTA, CJ. &
M. S. KARNIK, J.
DATE: AUGUST 23, 2022 P.C.: WRIT PETITION NO. 9962 OF 2022:
Indian Railways Catering and Tourism Corporation Ltd (hereafter "IRCTC", for brevity) awarded the petitioner a Page 1 of 4 J.V.Salunke,PS 901-WP.9962.2022 licence by Letter of Award (hereafter "LoA", for brevity) dated 10th May 2022 for Operation and Management of Fast-Food Unit at Satara Railway Station. It is claimed by the petitioner that in terms of the LoA, requisite formalities have been complied with and that while it was on the verge of commencing its operations, the Central Railways has issued a tender notice dated 2nd August 2022 for awarding contract for "Provision of Catering Services for Fast Food Unit at 'Satara' station, 'B' category station of Pune Division". In terms of such notice, tenders are to be received till 15.00 hours of 24 th August 2022.
According to Mr. Tripathi, learned advocate for the petitioner, the LoA having been issued in its favour by the IRCTC, the Railways has acted illegally in issuing the tender notice for the selfsame work and location. Accordingly, interim relief vide prayer clauses (e) and (f) of the writ petition is claimed.
Mr. Saluja, learned advocate for the Railways, however, takes strong objection to the notice inviting tender issued by the IRCTC. According to him, the site does not belong to the IRCTC and, therefore, it had no authority in law to issue any tender for setting up, operation and management of fast-food unit at Satara railway station.
Mr. Amit Sali, learned advocate for the IRCTC, however, supports the claim of the petitioner.
We have heard the learned advocates for the parties.
Paragraph 5 of the LoA reads as follows: -
"5. You are required to submit preliminary plans, Page 2 of 4 J.V.Salunke,PS 901-WP.9962.2022 specifications and tentative time schedule for commissioning above unit for approval of IRCTC/Railways, within 15 days from the date of remittance of Security Deposit."
At this stage, we have not been shown any approval granted by the Railways to the petitioner upon perusal of preliminary plans, specifications and tentative time schedule for commissioning of the unit.
In such view of the matter, we do not propose to grant interim relief as claimed vide prayer clauses (e) and (f). However, at the same time, we are of the considered opinion that the petitioner's interest should be protected to a limited extent. We, thus, permit the Railways to receive the bids pursuant to the tender notice dated 2nd August 2022. We also permit them to take a final decision to award the contract in favour of the selected bidder, but the contract shall not be awarded or work order issued until leave is granted by this Court in that regard or for a period of a month from date, whichever is earlier.
The respondents may file reply affidavits within 10 (ten) days from date; rejoinder thereto, if any, may be filed by 2 (two) days thereafter.
List the writ petition on 12th September 2022.
WRIT PETITION (ST) NO. 20398 OF 2022:
1. Not on board; taken on board.
2. The questions of fact and law involved in this writ petition, reportedly, are the same as involved in Writ Petition No. 9962 of 2022 except that the name of the railway station Page 3 of 4 J.V.Salunke,PS 901-WP.9962.2022 and the dates are different.
3. The above order passed in Writ Petition No. 9962 of 2022 shall apply mutatis mutandis to this writ petition.
(M. S. KARNIK, J.) (CHIEF JUSTICE) Digitally signed by SALUNKE J V SALUNKE Date:
JV 2022.08.24
10:46:54
+0530
Page 4 of 4
J.V.Salunke,PS