ALTAMAS KABIR, J.CHELAMESWAR
Cox & Kings Ltd. – Appellant
Versus
Indian Rly. Catering & Tourism Corporation Ltd. – Respondent
JUDGMENT
Altamas Kabir, J.-In June/July 2007, The Ministry of Railways (Rail Mantralaya), Railway Board, approved the proposal submitted by the Indian Railway Catering & Tourism Corporation Ltd., hereinafter referred to as “IRCTC”, for operating a Luxury Tourist Train on a Pan-India route within India. Such proposal was made in pursuance of an Expression of Interest floated by the Respondent for a Joint Venture partner for the said Luxury Transit Train Project, to operate, manage and run the said train. The proposal was approved subject to certain broad principles for running the said train, set out by the Indian Railways in its letter dated 29th November, 2007, addressed to the Respondent, namely,
“(a) The Respondent will own the rake;
(b) The Respondent will pay to the Indian Railways the cost of maintenance and periodical overhaul of the rake;
(c) Railways be entitled to recover the haulage cost;
(d) The Respondent with their associate agencies will manage on board/off board services, marketing, booking, pricing, etc.”
2. The Petitioner came to be selected as the Joint Venture shareholder for the operation of the Luxury Tourist Train Project. On 11th January, 2008, the Respond
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