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S. M. SUBRAMANIAM
J. S. Catters Rep. by its Managing Partner K. M. Musthafa, Erode – Appellant
Versus
Group General Manager, Indian Railway Catering & Tourism Corporation Ltd. , Chennai – Respondent
JUDGMENT
(Prayer:Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Certiorari calling for the records of the second respondent and quash the order dated 21.05.2022, bearing the No.2019/IRCTC/SZ/FP/TBM/Vol-V.)
1. The Show Cause Notice (Addendum) dated 21.05.2022, issued by the respondent Indian Railway Catering and Tourism Corporation Limited is under challenge in the present writ petition.
2. The writ petitioner is the managing partner of the petitioner concern. The Indian Railway Catering and Tourism Corporation Limited decided to set up food plaza at Tambaram Railway Station and invited bids for the same. The petitioner was a successful bidder and commenced his operation in the said food plaza at Tambaram Railway Station based on the agreement for licence. As per the terms and conditions of the agreement, the petitioner was paying the licence fee. The learned counsel appearing for the petitioner made a submission that certain dues are not disputed by the petitioner however disputed certain dues demanded for the pandemic period. The petitioner states that he is not in a position to settle the same.
3. Under these circumstances, the second re
Court cannot alter contract terms under Article 226 but grants limited indulgence for licence fee payment by specified date.
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