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2023 Supreme(Del) 835

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Shiv And Sons – Appellant
Versus
Indian Railway Catering And Tourism Corporation Ltd. (Irctc) – Respondent


Advocates appeared:
Ms. Malvika Trivedi, Senior Advocate with Mr. Akshat Bajpai, Ms. Ishanee Sharma, Mr. Shobhit Trehan, Ms. Sujal Gupta and Mr. Shailendra Slaria, Advocates, for the Appellants.
Mr. Harshit Agarwal, Advocate, for the Respondent.

JUDGMENT

1. The instant appeal has been filed under Clause X of the Letters Patent Act assailing the Order dated 06.09.2021 passed by the learned Single Judge of this Court in W.P.(C) No. 9197/2021 (hereinafter referred to as the "Impugned Judgment") wherein the prayer of the Appellants herein seeking, inter alia, quashing of the letter dated 17.08.2021 issued by Indian Railway Catering and Tourism Corporation Ltd. ("IRCTC"), i.e. Respondent, whereby the Appellants herein were directed to strictly abide by the tender conditions, was rejected

2. The facts, in brief, leading to the instant appeal are as under:

a) It is stated that in wake of the COVID-19 pandemic and the consequent lockdown, a letter dated 29.07.2020 had been issued by the Respondent stating that licence fee would be collected at the existing rates only after normalization of railway services and this normalization would be considered from the date when 100% of RSD & M/E trains start operating again.

b) Noting the increase in number of trains and passengers, vide letter dated 08.04.2021, the percentage of reduced licence fees for Operating Static Units (OSU) was revised from 20% to 30% of the quoted licence fee from

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