J. P. SINGH, J.

( 1 ) THIS Appeal under Order XLIII Rule 1 (r) of the Code of Civil Procedure read with Sec 10 of the High Court Act is directed against the order dated 28. 5. 2007 passed by Single Bench allowing application under Order XXXIX Rule 4 in CPC and dismissing applications under Order XXXIX Rule 1 and 2 CPC, thereby vacating the interim stay orders.

( 2 ) WE have heard Mr. Harish Malhotra, Sr. Advocate learned counsel for the appellant.

( 3 ) BRIEFLY the facts are that the Appellant " Plaintiff was granted a licence for management of on-board catering service on Paschim Express Train, vide letter dated 28. 12. 2001. The licence was initially for 5 years.

( 4 ) A show cause notice dated 12. 1. 2007 for termination of the licence was served upon the Appellant, on the ground that during inspection of the subject train on 13. 10. 2006 serious irregularities were found. The Appellant submitted reply dated 24. 1. 2007 denying the allegations. But licence was not renewed as communicated to the appellant by letter dated 13. 2. 2007.

( 5 ) LEARNED counsel for the Appellant has laid emphasis on the letter dated 30. 11. 2006 in which it is written "it has been decided by the c