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2009 Supreme(Del) 1165

MUKUL MUDGAL, REVA KHETRAPAL
Bharat Catering Corporation – Appellant
Versus
Indian Railway Catering And Tourism Corporation Limited (Irctc) – Respondent


ADVOCATES APPEARED:
For the Appellant :A.M. Singhvi, Sr. Advocate with Manish Bishnoi & L. Nidhiram Sharma, Advocates.
For the Respondents:Gaurav Banerjee, Addl. Solicitor General with Saurav Agrawal, Advocate.

Judgment :

REVA KHETRAPAL, J.

1. The present appeal is directed against the judgment of the learned Single Judge dated 26th May, 2009 in OMP No.281/2009 dismissing the petition filed by the appellant under Section 9 of the Arbitration and Conciliation Act, 1996.

2. The brief facts leading to the filing of the aforesaid petition are as follows.

3. The appellant claims to be a partnership firm under the name and style of M/s. Bharat Catering Corporation and is engaged in the business of running catering services. The appellant firm, initially constituted by a Deed of Partnership dated 26th April, 2005 between five partners, was awarded a catering contract by the respondents for providing mobile and static catering services to the respondents. Admittedly, it was one of the conditions of the tender that in case any change was made in the constitution of the firm, an approval would be sought from the respondents.

4. During the subsistence of the contract, one of the partners of the appellant firm, namely, Shri Madhav Bhimsaria made a representation to the respondents by a letter dated 18.11.2008 that the partnership firm had been converted into a proprietorship concern with effect from










































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