Karnataka High Court
M/S Seema Caterers vs The Union Of India on 5 September, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:36551
WP No. 20068 of 2024
C/W WP No. 22254 of 2024
WP No. 23128 of 2024
AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 20068 OF 2024 (GM-RES)
C/W
WRIT PETITION NO. 22254 OF 2024 (GM-RES)
WRIT PETITION NO. 23128 OF 2024 (GM-RES)
WRIT PETITION NO. 23812 OF 2024 (GM-RES)
IN WP No. 20068/2024
BETWEEN:
M/S QUINN INDIA
SITUATED AT SY NO.55 P 23
JEELANI PANJATAN ESTATE
THANISANDRA MAIN ROAD
BELLAHALLI CROSS, YELAHANKA POST
BENGALURU 560064
REP. BY ITS PARTNER
HASNAIN TAYYEB ASHRAF
Digitally signed by B
AGED ABOUT 34 YEARS
K
MAHENDRAKUMAR
REGISTERED UNDER PARTNERSHIP ACT 1960.
Location: HIGH
COURT OF ...PETITIONER
KARNATAKA
(BY SRI. JAYAKUMAR S PATIL, SENIOR COUNSEL FOR
SRI. MAHAMAD TAHIR A.,ADVOCATE)
AND:
1. THE UNION OF INDIA
THE MINISTRY OF RAILWAYS
RAIL BHAVAN, RAISINA ROAD
NEW DELHI 110001
REP BY ITS SECRETARY.
2. THE CHAIRMAN
RAILWAY BOARD
-2-
NC: 2024:KHC:36551
WP No. 20068 of 2024
C/W WP No. 22254 of 2024
WP No. 23128 of 2024
AND 1 OTHER
THE MINISTRY OF RAILWAYS
RAIL BHAVAN, RAISINA ROAD
NEW DELHI 110001.
3. M/S INDIAN RAILWAYS CATERING AND
TOURISM CORPORATION (IRCTC)
SITUATED AT 11TH FLOOR
STATESMAN HOUSE BUILDING
B 148 BARAKHAMBA ROAD
NEW DELHI 110001
REP BY ITS GROUP GENERAL
MANAGER/PROCUREMENT.
4. M/S INDIA RAILWAY CATERING AND
TOURISM CORPORATION NORTHERN ZONE OFFICE
(IRCTC-NZ) SITUATED AT RAIL YATRI NIWAS BUILDING
RAILWAY STATION COMPLEX, AJMIR GATE SIDE
NEW DELHI 110002
REP BY ITS JOINT GENERAL MANAGER/
DY. GENERAL MANAGER.
5. M/S INDIAN RAILWAY CATERING AND
TOURISM CORPORATION (IRCTC)
SITUATED AT 11TH FLOOR
STATESMAN HOUSE BUILDING
B 148, BARAKHAMBA ROAD
NEW DELHI 110001
REP BY ITS DGM/MCS.
...RESPONDENTS
(BY SRI. MADHUKAR DESHPANDE., ADVOCATE FOR R1 & R2;
SRI. ABHINAY Y T, ADVOCATE FOR R3 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR RELEVANT RECORDS PENDING ON THE FILE OF
RESPONDENTS.QUASH IMPUGNED NOTICE DTD. 18.07.2024
BEARING NUMBER 2024/IRCTC/WCB/06/M2/JUNE/06 FOR
VACATION OF PANTRY CAR SERVICES AWARDED FOR
PROVISION OF ON-BOARD CATERING SERVICES IN TRAIN
ISSUED BY THE R-5 IRCTC VIDE ANNX-E BY TREATING IT AS
UNJUST, UNFAIR AND ULTRAS VIRES.
-3-
NC: 2024:KHC:36551
WP No. 20068 of 2024
C/W WP No. 22254 of 2024
WP No. 23128 of 2024
AND 1 OTHER
IN WP NO. 22254/2024
BETWEEN:
M/S QUINN INDIA
SITUATED AT SY NUMBER 55, P 23
JEELANI PANJATAN ESTATE
THANISANDRA MAIN ROAD
BELLAHALLI CROSS
YELAHANKA POST, BENGALURU - 560064
REPRESENTED BY ITS PARTNER
HASNAIN TAYYEB ASHRAF
AGED ABOUT 34 YEARS
S/O SYED TAYYEB ASHRAF JEELANI.
...PETITIONER
(BY SRI. MAHAMAD TAHIR A.,ADVOCATE)
AND:
1. THE UNION OF INDIA
THE MINISTRY OF RAILWAYS RAIL BHAVAN
RAISINA ROAD, NEW DELHI - 110 001
REP BY ITS SECRETARY.
2. THE CHAIRMAN
RAILWAY BOARD,
THE MINISTRY OF RAILWAYS, RAIL BHAVAN,
RAISINA ROAD, NEW DELHI - 110 001.
3. M/S INDIAN RAILWAY CATERING AND
TOURISM CORPORATION (IRCTC)
SITUATED AT 11TH FLOOR, STATESMAN HOUSE
BUILDING, B-148, BARAKHAMBA ROAD,
NEW DELHI - 110 001
REP BY ITS GROUP GENERAL MANAGER /
PROCUREMENT.
4. M/S INDIAN RAILWAY CATERING AND
TOURISM CORPORATION
NORTHERN ZONE OFFICE
IRCTC EAST ZONE, SITUTATED AT 3,
KOILAGHAT STREET, KOLKATA - 700 001
REP BY ITS ADDITIONAL GENERAL MANAGER.
-4-
NC: 2024:KHC:36551
WP No. 20068 of 2024
C/W WP No. 22254 of 2024
WP No. 23128 of 2024
AND 1 OTHER
5. M/S INDIAN RAILWAY CATERING AND
TOURISM CORPORATION (IRCTC)
SITUATED AT 11TH FLOOR,
STATESMAN HOUSE BUILDING,
B 148, BARAKHAMBA ROAD,
NEW DELHI - 110 001
REP BY ITS DGM/MCS.
...RESPONDENTS
(BY SRI. MOHAMAD TAHIR A, ADVOCATE FOR
SRI. A CHANDRACHUD, ADVOCATE FOR R1 & R2;
SRI. ABHINAY Y T, ADVOCATE FOR R3 & R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR RELEVANT RECORDS PENDING ON THE FILE
OF RESPONDENTS. QUASH IMPUGNED NOTICE DTD.
08.08.2024 BEARING NUMBER
2024/IRCTC/CATG./MCS/22353-54 FOR VACATION OF
PANTRY CAR SERVICES AWARDED FOR PROVISION OF
ON-BOARD CATERING SERVICES IN TRAIN ISSUED BY
THE R-5 IRCTC VIDE ANNX-F BY TREATING IT AS
UNJUST, UNFAIR AND ULTRAS VIRES.
IN WP NO. 23128/2024
BETWEEN:
M/S KRISHNA ENTERPRISES
SITUATED AT PLATFORM NUMBER 7 AND 8
BANGALORE CITY RAILWAY STATION
UNDER SOUTH WESTERN RAILWAYS
BENGALURU 560 023
ALSO AT H-307, INDRALOK COLONY
KRISHNA NAGAR, LUCKNOW
UTTAR PRADESH 226023
REPRESENTED BY ITS PARTNER
ABHISHEK AGARWAL
AGED ABOUT 44 YEARS.
...PETITIONER
(BY SRI. JAYAKUMAR S PATIL, SENIOR COUNSEL FOR
SRI. MAHAMAD TAHIR A., ADVOCATE)
-5-
NC: 2024:KHC:36551
WP No. 20068 of 2024
C/W WP No. 22254 of 2024
WP No. 23128 of 2024
AND 1 OTHER
AND:
1. UNION OF INDIA
THE MINISTRY OF RAILWAYS
RAIL BHAVAN, RAISINA ROAD
NEW DELHI 110001
REP BY ITS SECRETARY.
2. THE CHAIRMAN
RAILWAY BOARD
THE MINISTRY OF RAILWAYS
RAIL BHAVAN, RAISINA ROAD
NEW DELHI 110001.
3. M/S INDIAN RAILWAY CATERING AND
TOURISM CORPORATION (IRCTC)
SITUATED AT 11TH FLOOR
STATESMAN HOUSE BUILDING
B-148, BARAKHAMBA ROAD
NEW DELHI 110001
REP BY ITS GROUP GENERAL MANAGER/
PROCUREMENT.
4. M/S INDIAN RAILWAY CATERING AND
TOURISM CORPORATION (IRCTC)
SITUATED AT 11TH FLOOR
SATATESMAN HOUSE BUILDING
B 148, BARAKHAMBA ROAD
NEW DELHI 110001
REP BY ITS DGM/MCS.
...RESPONDENTS
(BY SRI. A CHANDRACHUD, ADVOCATE FOR R1 & R2;
SRI. ABHINAY Y T, ADVOCATE FOR R3 & R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR RELEVANT RECORDS PENDING ON THE FILE
OF RESPONDENTS. QUASH IMPUGNED NOTICE DTD.
21.08.2024 BEARING NUMBER
2021/IRCTC/CATG./MCS/12627-28 FOR PANTRY CAR
SERVICES AWARDED FOR PROVISION OF ON-BOARD
CATERING SERVICES IN TRAIN ISSUED BY THE R-5
IRCTC VIDE ANNX-D AND ETC.
-6-
NC: 2024:KHC:36551
WP No. 20068 of 2024
C/W WP No. 22254 of 2024
WP No. 23128 of 2024
AND 1 OTHER
IN WP NO. 23812/2024
BETWEEN:
M/S SEEMA CATERERS
SITUATED AT 777, 9TH MAIN ROAD,
3RD BLOCK, 1ST STAGE,
HBR LAYOUT, BENGALURU-560043
REPRESENTED BY ITS PARTNER,
ALTAFULLA SHARIFF
AGED ABOUT 51 YEARS
REGISTERED UNDER PARTNERSHIP ACT 1952.
...PETITIONER
(BY SRI. JAYAKUMAR S PATIL, SENIOR COUNSEL FOR
SRI. MAHAMAD TAHIR A, ADVOCATE)
AND:
1. THE UNION OF INDIA
THE MINISTRY OF RAILWAY,
RAIL BHAVAN, RAISINA ROAD,
NEW DELHI-110001
REP BY ITS SECRETARY.
2. THE CHAIRMAN
RAILWAY BOARD,
THE MINISTRY OF RAILWAYS,
RAIL BHAVAN, RAISINA ROAD,
NEW DELHI-110001.
3. M/S INDIAN RAILWAY CATERING AND
TOURISM CORPORATION (IRCTC)
SITUATED AT 11TH FLOOR,
STATESMAN HOUSE BUILDING,
B-148, BARAKHAMBA ROAD,
NEW DELHI-110001
REP BY ITS GROUP GENERAL MANAGER /
PROCUREMENT.
4. M/S INDIAN RAILWAY CATERING AND TOURISM
CORPORATION (IRCTC)
SITUATED AT 11TH FLOOR,
STATESMAN HOUSE BUILDING,
-7-
NC: 2024:KHC:36551
WP No. 20068 of 2024
C/W WP No. 22254 of 2024
WP No. 23128 of 2024
AND 1 OTHER
B 148, BARAKHAMBA ROAD,
NEW DELHI-110001
REP BY ITS DGM/MCS
...RESPONDENTS
(BY SRI. A CHANDRACHUD,ADVOCATE FOR R1 & R2;
SRI. ABHINAY Y T, ADVOCATE FOR R3 & R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR RELEVANT RECORDS PENDING ON THE FILE
OF RESPONDENTS. QUASH IMPUGNED NOTICE DTD.
16.08.2024 BEARING NUMBER
2023/IRCTC/CATG./MCS/12071-72 ISSUED BY THE R-4
IRCTC VIDE ANNX-D AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioners were successful bidders in the tender notification issued by respondents No. 3 to 5 for the provision of onboard catering services in mail/express/superfast trains with pantry cars/mini pantries under a partial/complete unbundling model. The letter of acceptance was issued, entrusting the work under the tender document for a period of three months, extendable by up to one month at the sole discretion of IRCTC or until the finalization and commencement of long-term tenders, whichever is earlier.
2. Respondents No. 3 to 5 have floated a long-term tender, which has been finalized, and letters of acceptance have been issued to the successful bidders. Consequently, the -8- NC: 2024:KHC:36551 WP No. 20068 of 2024 C/W WP No. 22254 of 2024 WP No. 23128 of 2024 AND 1 OTHER petitioners have been called upon to hand over possession of the pantry car.
3. Sri Jayakumar S. Patil, learned Senior Counsel representing the petitioners, submits that the petitioners have invested in manpower and equipment for providing onboard catering services. Therefore, the unilateral termination of their contract is arbitrary and discriminatory.
4. The learned counsel for the respondents submits that, in accordance with the letter of acceptance, the petitioners undertook to hand over possession of the pantry car. Upon the finalization of the long-term tender, the terms of the tender documents cannot be challenged, and the notice to hand over vacant possession of the pantry car is valid.
5. A review of the tender document issued by respondents No. 3 to 5 indicates that the provision of onboard catering services was for a period of three months, extendable by up to one month or until the finalization and commencement of long-term tenders, whichever is earlier. In this case, the long-term tender has been floated, the process has been finalized, and letters of acceptance have been issued to the successful bidders. The petitioners, having accepted the terms and conditions of the tender document, cannot now contend that their rights have been adversely affected simply because they have been called upon to hand over possession of the pantry cars during the subsistence of the contract, which was for a period of three months. Therefore, -9- NC: 2024:KHC:36551 WP No. 20068 of 2024 C/W WP No. 22254 of 2024 WP No. 23128 of 2024 AND 1 OTHER respondents No. 3 to 5 were justified in calling upon the petitioners to hand over possession of the pantry car.
6. Accordingly, it is expedient to dispose of the petitions with a direction for the petitioners to hand over possession of the pantry car/s to respondents No. 3 to 5 within ten days from today.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE BKM