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2009 Supreme(Del) 664

SHIV NARAYAN DHINGRA
BHARAT CATERING CORPORATION – Appellant
Versus
INDIAN RAILWAY CATERING & TOURISM CORP. LTD. – Respondent


Advocates appeared:
For the Petitioner:Mr. Jayant Bhushan, Sr. Adv. with Mr. Manish K. Bishnoi, Advocates.
For the Respondent:Mr. Saurav Agrawal, Advocate.

JUDGMENT

Shiv Narayan Dhingra, J.-The petitioners firm having five partners was awarded catering contract by the respondent for various trains for providing mobile and static catering services. It was one of the conditions of the tender that in case of any change to be made in the constitution of the firm an approval shall be sought from the respondent. During continuation of the contract, one of the partners made representation to the respondent that the firm had been dissolved and he had become the sole proprietor of the firm. Thereafter, another partner approached the respondent saying that the representation made by the partner to respondent was wrong and in fact he had been expelled and the other partner was the sole proprietor. Four partners continued to make allegations against each other and kept making representations to the respondent that the other was no longer the partner of the firm and the business now belonged to him. The licence fees, running into several lacs of rupees in respect of the contract also became due. The partners lodged FIRs against each other and also made representations to the respondent and filed dissolution deed of the firm and other documents and







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