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2023 Supreme(Del) 988

MANOJ KUMAR OHRI
Durgapur Freight Terminal Private Limited – Appellant
Versus
Union of India Ministry of Railways – Respondent


Advocates appeared:
Mr. Sandeep Sethi and Ms. Malvika Trivedi, Senior Advocates with Mr. Shatadru C, Mr. Shailendra Slaria, Ms. Sujal Gupta and Ms. Sonia D., Advocates, for the Petitioners.
Mr. Asheesh Jain, CGSC with Mr. Gaurav Kumar and Mr. Siddhant Gupta, Advocates, for the Respondents No.1 to 5.
Mr. Rajiv Nayar, Senior Advocate with Mr. Saurabh Seth, Advocate, for the Respondent No.6.
Mr. Amit Sibal, Senior Advocate with Ms. Manju Bhuteria and Mr. Ashok Kumar, Advocates for intervenor.
Mr. Sudhir Nandrajog, Senior Advocate with associate counsel, for the Intervenor.

JUDGMENT

Manoj Kumar Ohri, J. In the present petition filed under Article 226 of the Constitution of India, the petitioners have assailed letter dated 09.12.2022 issued by respondent No.5 to respondent No.6 and sought directions to respondent Nos.1 to 5 not to interfere in their operation and management of a Private Freight Terminal at Banful Sarani, Sagarbhanga, Durgapur, West Bengal (hereinafter, `Durgapur PFT').

2. Petitioner No.1 is a private limited company engaged in the business of providing logistic services and petitioner No.2 is its director. Respondent No.1 is the Union of India represented through the Ministry of Railways. Respondent Nos.2 to 4 are functionaries of the Railway Board, Delhi. Respondent No.5 is the Executive Director (RM) & CFTM/ER, Railway Board, Kolkata. Respondent No.6 is M/s Palogix Infrastructure Private Limited (hereinafter, `Palogix'), a private company engaged in the business of rendering logistic services as well as developing and operating Railways Private Freight Terminals.

3. The petitioners claim to have been managing and operating Durgapur PFT pursuant to a resolution plan approved by NCLT, Kolkata Bench, vide order dated 12.02.2018 passed































































































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