Delhi High Court - Orders
Zenith Leisure Holidays Ltd vs Union Of India & Anr on 17 April, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 638/2023 & CM APPL.10252/2023
ZENITH LEISURE HOLIDAYS LTD. ..... Petitioner
Through: Mr. Mrinal Agarwal, Adv. (M:
8511990807)
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Abhishek Saket, SPGC for UOI.
(M: 9810134597)
Mr. Dipesh Choudhary Advocate
GP counsel for UOI.
Ms. Divya Hirawat and Mr. Saurav
Agrawal, Advs. for IRCTC. (M:
9004693107)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 17.04.2023
1. This hearing has been done through hybrid mode.
2. The matter has been taken up today as 14th April, 2023 was declared as a holiday on account of birth anniversary of Dr. Babasaheb Ambedkar.
3. The present petition has been filed by the Petitioner - M/s Zenith Leisure Holidays Ltd. seeking setting aside of the impugned letter dated 16th January 2023 issued by the Respondent No. 2 - Indian Railway Catering & Tourism Corporation (IRCTC), whereby the empanelment of the Petitioner has been kept in abeyance for six months from 11th January, 2023 and a penalty of Rs. 2 Lakh is imposed.
4. Vide previous order dated 19th January, 2023, the impugned letter was stayed subject to the payment of Rs. 2 lakhs by the Petitioner. Further, Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:19.04.2023 19:26:54 vide order dated 2nd March, 2023, Mr. Navneet Kumar, Manager - HR of the Petitioner and the concerned officials of the IRCTC were directed to be present before the Court today.
5. Today, an adjournment slip has been circulated on behalf of the Petitioner. Mr. Navneet Kumar, Manager - HR of the Petitioner is also conveniently not present today.
6. Mr. Abhinav Gupta, Chief Supervisor, and Mr. Vayu Shukla, Joint General Manager from the Respondent No.2 are present in Court today. It is submitted by the IRCTC officials that IRCTC has not placed the LPG cylinders on the train. They further clarify that the carrying of LPG cylinders is not permissible on the train and the Petitioner is permitted only to use induction i.e., electric cooking. The officials from IRCTC submit that the Petitioner can only serve pre-cooked food on the train and in fact, after the impugned letter, the Petitioner is providing either electrically cooked food or pre-cooked food.
7. Ld. counsel for the Petitioner, challenges the same and submits that LPG cylinders are being regularly used in trains by the Petitioner, within the knowledge of IRCTC. He also relies upon the Round Trip Certificate dated 19th November, 2022 placed at page 57 of the writ petition in support of his case.
8. After hearing the ld. Counsel for the Petitioner, who is present today and the officials of the IRCTC, it is clear that there is some confusion as to how the food is to be cooked and served to the passengers in the trains. However, the Manager- HR of the Petitioner is not present to answer the queries of the Court.
9. Under these circumstances, the following directions are issued:
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:19.04.2023 19:26:54i. The matter is adjourned subject to payment of Rs.10,000/- as costs to be paid to IRCTC as the Manager- HR of the Petitioner is not present and two officials of IRCTC were required to be present today.
ii. The IRCTC's officials shall give a hearing to the Petitioner and hand over a letter in order to clarify what is permissible and what is not permissible on trains in terms of cooking food and serving food.
iii. The Petitioner's officials shall attend the hearing with the officials of IRCTC on 2nd May, 2023 at 11:30 am in the office of IRCTC at 2nd Floor New Administrative Building, Central Railway, CSMT, Mumbai - 400001.
10. The officials of IRCTC need not appear further.
11. List this matter for hearing on 25th July, 2023.
12. In the meantime, the interim order shall continue.
PRATHIBA M. SINGH, J.
APRIL 17, 2023/dk/kt Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:19.04.2023 19:26:54