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2012 Supreme(Del) 59

A.K.SIKRI, SIDDHARTH MRIDUL
Indian Railways Catering & Tourism Corp. Ltd. – Appellant
Versus
Cox & Kings India Ltd. – Respondent


Advocates appeared:
For the Appellant:Goolam E. Vahanvati, AG, A.S. Chandhiok, ASG with Abhijeet Sinha, Saurav Agrawal, Bhagat Singh, Ms. Vidit Gupta, Yash Wardhan Tewari, Ms. Titash, Advocates.
For the Respondents:R1, Ashok Desai, Rajiv Nayyar, Sr. Advs with Rishi Agarwala, Peter Lobo, Akshay Ringe, Ms. Misha Rohtagi, R2, Sandeep Sethi, Sr. Adv with Abhimanyu Mahajan, C.A. Sundaram, Sr. Adv with Rishi Kapoor, Ms. Ekta Kapil, Advocates.

Judgment :-

A.K. SIKRI, J.

1. The Indian Railway Catering and Tourism Corporation Limited (hereinafter referred to as “IRCTC”) is the appellant in this appeal which has impugned orders dated 6th September, 2011 passed by the learned Single Judge in OMP No.609/2011 that was filed by M/s Cox & Kings India Limited (hereinafter referred to as “C&K”). Vide the aforesaid order, various directions are given by the learned Single Judge. To put it in nutshell, the bone of contention is running of train famously known as “Maharaja Express” which is in the ownership of IRCTC and was to be run as Joint Venture (JV) of IRCTC & C&K. This JV Agreement has been terminated by the IRCTC. The learned Single Judge has directed that train shall continue to run for the period commencing from 14th September, 2011 up till 31st December, 2011 as per the arrangement which was agreed to between the parties for the earlier season on certain conditions stipulated therein. The appellant is not happy with these directions as according to the appellant, Joint Venture Agreement has been terminated by it and since the appellant owns the Maharaja Express, it has right to operate the said train in any manner it likes a














































































































































































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