Bombay High Court
Central Railways Caterers Association ... vs Union Of India And 7 Others on 12 November, 2018
Author: Riyaz I. Chagla
Bench: Riyaz I. Chagla
903-WPL-3818-2018.DOC
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 3818 OF 2018
Central Railway Caterers' Association & Anr. ... Petitioners
V/s.
Union of India and Ors. ...Respondents
Mr. Raj Patel, I/b Lex Legal & Partners for the Petitioners. None for the Respondents.
CORAM: RIYAZ I. CHAGLA J.
DATE: 12TH NOVEMBER, 2018. PC:- (VACATION COURT)
1. The learned counsel for the Petitioners states that an attempt was made to serve the Respondents which includes the Central Railways. An email which is produced has been sent to the concerned officials of the Central Railways on 9th November, 2018 giving notice of the Writ Petition as well as notice to move this Court today. However, none appears for the Respondents.
2. The learned counsel for the Petitioners states that by an order dated 30th October, 2018, the Supreme Court had extended the status quo which had been granted by the Supreme Court on 11th September, 2017 qua the Petitioners license. This Petition concerns challenge to the commercial circular No.22/2017 dated 15th March, 2017 seeking the quashing and setting aside the said circular. The learned counsel for the Petitioners states that unless 1/3 ::: Uploaded on - 12/11/2018 ::: Downloaded on - 13/11/2018 01:24:25 ::: 903-WPL-3818-2018.DOC the period of two weeks granted by the Supreme Court is further extended by one week, the Petition would become infructuous as status quo had been ordered to be maintained in relation to the Petitioners license. This would be result in termination of the Petitioners license. The Petitioners have been operating as the licensee of the Central Railways since many years. The Petitioners are the unit holders in respect of their various stalls etc. which are operating on the platforms of the Central Railway. Accordingly, an application is made that this Petition be kept on the first day of reopening and until then the status quo which had been granted qua the Petitioners license and continued by the Supreme Court be further continued for a period of one week when the Petition is heard on reopening.
3. I have perused order of the Supreme Court dated 30th October, 2018 which had extended the status quo granted qua the Petitioners license and ordered to be maintained on 11th September, 2017. The period of two weeks from 30th October, 2018 expires today. An attempt has been made to serve the Respondents and / or their officials and this can be seen from the email sent on 9th November, 2018 to the officers of the Central Railways of the matter appearing today and for the Respondents to remain present. Since the extension granted by the Supreme 2/3 ::: Uploaded on - 12/11/2018 ::: Downloaded on - 13/11/2018 01:24:25 ::: 903-WPL-3818-2018.DOC Court by 30th October, 2018 is expiring today, it would be necessary to grant an extension till 19th November, 2018 when the Petition be placed before the Regular Court. Accordingly, I grant one week extension to the status quo which had been granted qua the Petitioners license by the Supreme Court on 11th September, 2017 and extended by a order dated 30th October, 2018.
4. This Petition shall be placed on the admission board of the Regular Court on 19th November, 2018.
5. Parties to act on an authenticated copy of this order.
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