M/S Xtra Freight Forwarder vs Union Of India on 21 June, 2019

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Karnataka High Court

M/S Xtra Freight Forwarder vs Union Of India on 21 June, 2019

Bench: B. Veerappa

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 21ST DAY OF JUNE 2019

                          BEFORE

        THE HON'BLE MR. JUSTICE B. VEERAPPA

            W.P.No.30334 OF 2015 (GM-TEN)


BETWEEN:

M/s. Xtra Freight Forwarder
40, 3rd Main Road,
Narasimhulu Layout
Nandini Layout
Bengaluru - 560 096

And also at
D-246, Ground Floor
Gali No.10, Near Metro Station
Laxmi Nagar
Delhi - 110 092
(Represented by its
Proprietor Mr. Anil Bareja)              ... Petitioner
(By Sri James P. Arun Kumar, Advocate)

AND:
1.     Union of India
       Represented by Sr. Divisional
       Commercial Manager
       South Western Railway
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      Divisional Office
      Commercial Branch
      Bengaluru - 560 023

2.    Union of India
      Represented by Chief Commercial Manager
      South Western Railway
      Head Quarter Office
      Hubbali - 580 023

3.    Union of India
      Represented by Director Freight Marketing
      Ministry of Railways
      Railway Board
      Rail Bhavan
      New Delhi - 110 001.               ... Respondents
(By Sri N.S. Sanjay Gowda, Adv. for R1 and R2;
    Sri. C. Shashikanth, ASG for R3.)

      This Writ Petition is filed under Articles 226 of
Constitution of India praying to quash, set aside the
Termination Letter dated 25.02.2015 (Annexure-L) &
quash,   set   aside    the   Appeal     Regret   Letter   dated
08.06.2015 (Annex-O) & quash, set aside the Tender
Notice dated 23.06.2015 in Annexure -P & Q and direct
the Respondent No.1 to continue the lease operations with
the   petitioner   in   terms       of   the   Lease   Contract
dtd.20.11.2014 and allow this Writ Petition and further
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direct Respondent No.3 to implement its own guidelines
efficiently in a time bound manner.

     This Writ Petition coming on for Preliminary Hearing
in 'B' Group this day, the Court made the following:

                         ORDER

After arguing the matter for some time, Sri James P. Arun Kumar, learned counsel appearing for petitioner submits that during the pendency of the proceedings, the period of lease also expires and subsequent order dated 11.03.2016 passed by this Court permitting the petitioner to participate in the new tender also over. Therefore, he fairly submits that the writ petition may be disposed of with liberty to the petitioner to invoke the arbitration clause under Clause No.27 of the tender conditions.

2. The said submission is placed on record. 4

3. In view of the above, the writ petition is disposed of with liberty as sought for, to invoke Clause 27 of the tender conditions.

All the contentions raised by both the parties are kept open.

Sd/-

JUDGE PYR

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Karnataka High Court