Karnataka High Court
Pankaj Mohan Associates A Regtd ... vs Chief Commercial Manager on 8 June, 2010
Author: H.N.Nagamohan Das
Bench: H.N.Nagamohan Das
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 08" DAY OF JUNE, 2010 BEFORE... Ma THE HON'BLE MR.JUSTICE H.N. NA¢ GAMOHAIE L bas ®. | WRIT PETITION No. 14692/2010 (GM: TEN), BETWEEN: PANKAJ MOHAN ASSOCIATES, . A REGISTERED PARTNERSHIP FIRM> HAVING ITS REGISTERED OFFICE AT 426/27, KUCHA BRIG: NATH, 1 FLOOR, CHANDANI CHOWK, DEI HI-116 006 & BUSINESS OFFICE AT.NO.f, : SRI JAYALAKSHME COMPLEX, 33, AFPAJI RAO LANE, C.T. STREET CROSS, BANGALORE =569 022. . REPRESTEND BY ITS oo AUTHORIS SED REPRESENTATIVE. .. PETITIONER (By | SREP. Ss, RAJAGOPAL Sr. COUNSEL a _ & SRI MAHESH WODEYAR, ADVOCATE) bo CHIEF COMMERCIAL MANAGER, SOUTH. WESTERN RAILWAY, HEAD QUARTERS OFFICE, COMMERCIAL BRANCH, 47H FLOOR, _ SHRI LAXMI BALAKRISHNA SQUARE, ~ STATION ROAD, HUBLI-580 0230. be SOUTH WESTERN RAILWAY, HEAD QUARTERS OFFICE, CLUB ROAD, HUBLI-580 020, RIEEPRESENTED BY ITS GENERAL MANAGER. (By Sri. G. R. ANDANIMATH ADVOCATE) - THIS PETITION IS FILED UNDER. ARTICi. ES 226 AND. 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A. CALL FOR THE ENTIRE, RECORDS LEADING TO THE NOTIFICATION DATED. 1 1 S- O4- "2010. B. QUASH TENDER NOTIFICATION NO.C.441 / MKTG./PARCEL VAN LEASE/2010-2011/1 DATED 15™ APRIL 20190 (UNDER ANNEXURE-G TO THE WRIT PETITION) ISSUED BY THE RESPONDENTS, BY ISSUE.OF A. WRIT IN THE NATURE OF CERTIORARI IN SO FAR AS IT RELATES TO St. NO.L TRAIN N©.2627/2628 AND DIRECT THE RESPONDENTS. BY ISSUE OF A WRIT IN THE NATURE OF MANDAMUS TO EXTEND THE LEASE IN RESPECT OF THE SAID TRAIN FOR A PERIOD OF 2 YEARS. FROM 08.06.2010 IN ACCORDANCE _ WITH CLAUSE 20.1 OF THE AGREEMENT DATED "25TH, OCTOBER 2007 AND OFFER OF THE PETITIONER DATED 2971 MARCH 2010 (UNDER o "ANNEXURE- PTO THE WRIT PETITION}. on VGRANT AN INTERIM ORDER TO STAY ALL _PURTHER PROCEEDINGS PURSUANT TO TENDER "NOTIFICATION DATED 157 APRIL 2010 (UNDER -ANNEXKURE - G TO THE WRIT PETITION) ISSUED BY THE RESPONDENTS IN SO FAR AS [fT PERTAINS TO SL. NO.1 - TRAIN NO.2627 /2628 _..RESEONDENTS AND CONSEQUENTLY ALLOW THE PETITIONER TO CONTINUE ITS OPERATIONS UNDER CLAUS E.. 20.1 OF THE AGREEMENT DATED 25TH OCTOBER. ; 2007 EVEN AFTER 07-06-2010 DURING THE wo PENDENCY OF THIS WRIT PETITION UN THE . INTEREST OF JUSTICE AND EQUITY. -- THIS PETITION COMING ON FOR ORDERS, ' THIS. DAY, THE COURT MADE THE FOLLOWING: : ORDER
In this Writ Petition, the petitioner hos prayed for a Writ in the nature of. Certiorari to quesh 'the' Tender Notification dated 15.04. 2010. as "per 'annexiuie"G? issued by the respondents in So far as. it ie relates «0 to Ttem No. 1 bearing train No.262: 7/2628 and for the Writ of Mandamus directing the respondents: to exte nid "the lease period in favour of the petitioner for another t two years, rs) 7 The respondents issued a Notification dated 31.01.2007 inviting applications to lease the parcel vans in train\No:2627 /2628 Karnataka Express as per Annexure 'A' _ Fotitioner became the successful bidder and they commenced " operation with effect from 08.06.2007. Subsequently, there came to be an agreement between the petitioner dad the respondents on 25.10.2007 as per Annexure 'D'
3. The term of the agreement betw three years. The relevant Clauses ! sor the purpose of this are Clause Nos.3.1 and 20-1 and they re ad 'as under: -
3.1 "The contract for leasing vi iit commence with. effect from 08:06. 2007 (date/month year) vand. it will remain valid up to ~ . 07.06.2010 (date/montin/year) for a 'period of three _ years. The. Jurapsum leased freight = payable for leasing of 25 tonnes parcel 264 "3 Space. in. the (1 compartment of front n - Brakevan' / Assistant -- Guard's oe "Compeitment / Parcel Van) by train __ Wo. 2627/28 from Bangalore to New-
~.Delhi shali be Rs.1,02,761/- for each single journey and for roundtrip Rs.2,05,521/-.
Extension of lease is permissible only in case of long term lease of three years wherein the same can be extended only once, by two more years at a lease rate of 25% more than the lurmpsum leased cen the parties was for.
Case freight rate subject to satisfactory. performance by the leasehoider, without, any penalty for overloading or wv fviation a of any provision of the contract." 7 4, Before the expiry of term oF three | = in: the agreement, petitioner gave a. letter on, 29. 03. 2010 Paes Annexure 'F' requesting the respondents: to extend the lease period by another two' years and "agreed to pay the 25% increase in the lumpsum freight charges; as per Clause 20.1 of the agreement, the respondents without passing any order on the request ot rane }pelitioner, igsued the impugned Notification as per An mmexure @ inviting fresh tenders for the very same purposes of leasing VPH parcel vans of Karnataka Express.
Hence, this Writ Petition: .
5. Srv Andanimath, learned counsel for the respondents, : faisly submit that they will consider the request of the petitioner at "Annexure TF' dated 29.03.2010 and pass "appropriate orders in accordance with the terms of the agreement. The submission of learned counsel for the respondents is placed on record.
6. The three years term under the agreenient at Annexure 'D' expired on 07.06.2010. In the cireumstances, the petitioner is to be permitted to continue the opera ation 'il * necessary orders are passed by the re spondents on the request of the petitioner for extension of f lease, subject to. the » condition. the petitioner pay ing 25% mo re than the lampsum treight ™ charges fixed under the agreement and other conditions j in the agreement.
7. For the reasons stated above, , the following order :-
o ORD DE R 7 4 The wrt t Potiti on is hereby disposed | "directing the respondents to pass "appropriate orders on the letter of petitioner dated 29.03.2010 as per Annexure 'F' ao : The petitioner is also entitled to submit
- additional representation with supporting documents within two weeks from today.
&. Till the respondents bass an order on the request of petitioner for extension of lease. the petitioner is entitled to RKKA wd continue the operation subject to ~ enhancement of lease freight rates" _ and other conditions in the agreement... -
they so desire, as per the invitation in:
the notification dated 15.04.2010 at. ~ Annexure 'G'.
Ordered accordingly. :
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