Prathiba M. Singh, J.

1. The Indian Railway Catering & Tourism Corporation (‘IRCTC’) – the Petitioner herein, floated a tender for catering services on New Delhi – Patna Sampoorn Kranti Express. The Respondent submitted its bid for the same. By letter dated 15th February, 2002, it was communicated by the Petitioner to the Respondent that the decision was taken to award the tender to the Respondent. Accordingly, the Respondent was called upon to deposit Rs.3,00,000/- towards security deposit; Rs.5,50,000/- towards licence fee and Rs.17,37,000/- towards 1st instalment of concession fee. Total concession fee payable by the claimant was Rs.52.11 lakhs, which was required to be deposited in three equal instalments.

2. The Respondent started its catering services on the aforesaid train w.e.f. 22nd February, 2002, but on 2nd August, 2002, the Petitioner terminated the contract on the ground that the services being provided by the Respondent was not satisfactory. The various complaints that were received over the period of January to June, 2002, were:

Passengers not being provided bills/receipts against payment made;

No first-aid box was available;

No menu cards were available;

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