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2007 Supreme(Del) 1164

G.S.SISTANI
RC. GOEL – Appellant
Versus
INDIAN RAILWAYS CATERING AND TOURISM CORPN. – Respondent


Advocates appeared:
For the Plaintiff:Mr. Rajiv Shahkdar, Sr. Adv. with Mr. Madhup Singhal and Mr. J.S. Gupta, Advocates.
For the Defendant No.1:Mr. Gaurab Banerje, Sr. Adv. with Mr. Saurav Aggarwal Advocate.
For the Defendant Nos. 2, 3 and 5 :Mr. Ashwani Bhardwaj and Mr. Shishir Singh, Advocates.

JUDGMENT C.S. Sistani, J.-In both the present cases, the: facts are almost identical, arguments addressed by both the parties are by far the same and Counsel for the parties in both these cases agree that the applications under Order 39 Rules 1 and 2 and Order 39 Rule 4 of the Code of Civil Procedure may be disposed of by a common order.

GS (OS) No. 275/2007

2. The plaintiff has filed the present suit for permanent injunction restraining the plaintiff from terminating the contract of the plaintiff dated 9.2.2002, Together with the suit the plaintiff has filed the present application under Order 39 Rules 1 and 2 of the Code of Civil Procedure for interim relief.

3. The brief facts of the case are that the plaintiff is engaged in the business of catering services on the trains run by the Indian Railways. Vide letter dated 28.12.2001, the defendants decided to award the plaintiff a licence for the management of un-board catering services on Train No. 2925-2926, Paschim Express on a concession fee of Rs. 2.83 crores. In addition a licence fee of Rs. 32.5 lakh was required to be paid by the plaintiff. Vide letter dated 23.1.2002, the plaintiff conveyed its unconditional acceptance to the d














































































































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