PRATHIBA M. SINGH, J.

1. The Indian Railway Catering & Tourism Corporation (‘IRCTC’) – the Petitioner herein, floated a tender in August, 2005 for “operation and management of catering and on board services nos. 2429-2430 H. Nizamuddin - Bangalore City Rajdhani Express Train.” The Respondent submitted its bid for the same. By letter dated 18th October, 2005 it was communicated by the Petitioner to the Respondent that the decision was taken to award the license to the Respondent.

2. Immediately after the tender was awarded, the Petitioner started receiving complaints as early as in January, 2006 against the Respondent. The various complaints that were received over the period of January to June, 2006, were:

(i) Non-service of dinner/breakfast and other meals on time.

(ii) Non-maintenance of proper hygienic services.

(iii) Non-deployment of adequate staff on train for taking care, providing catering services.

(iv) Not providing food cooked with proper Agmark and other certified products.

(v) Providing adulterated food.

(vi) Misbehaviour of staff deputed by the Respondent.

(vii)