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2017 Supreme(Cal) 374

DEBANGSU BASAK
R. K. Associates & Hotelier Private Ltd. – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Pratap Chatterjee, Joy Saha, Rishad Medora, Meghajit Mukherjee
For the Respondent: Koushik Chanda, Swapan Banerjee

JUDGMENT :

1. The writ petition as well as an interim application made therein are taken up for final hearing.

2. Learned Senior Advocate for the petitioner submits that, the petitioner was granted a contract for catering services at the Sealdah - New Delhi Rajdhani Express by virtue of a master license agreement dated June 23, 2014. The petitioner was discharging its obligations under such agreement. Over a period of time, there were several complaints against the petitioner with regard to the quality of the food served at such train. At every complain, the petitioner had accepted the allegation. The authorities had imposed fines upon the petitioner. The petitioner has paid such fines. The petitioner had done so in order to avoid controversies to the extent possible. He submits that, consequently, breach if any of the contract stood remedied by the payment of such penalty. He refers to an incident occurring on March 27, 2017 and submits that, a section of the passengers in Coaches B-8 and B-9 of Sealdah bound Rajdhani Express are took exception to the dinner served. The Pantry Manager and the Train Manager upon receipt of complaints from such passengers had looked into the issue and




























































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