Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
Shiv & Sons – Appellant
Versus
Union of India Thro’ the Chairman & Chief Executive Officer Railway Board, Ministry of Railways Room No.256-A, Rail Bhavan Raisina Road, New Delhi Delhi – Respondent
| Table of Content |
|---|
| 1. the denial of license renewal parties reliance on differing policies. (Para 1 , 2 , 20) |
| 2. previous court decisions influence current licensing interpretations. (Para 6 , 11 , 30) |
| 3. conditions for license renewal established by judicial precedents. (Para 34 , 42) |
ORDER :
M. Dhandapani, J.
The denial to renew the catering license issued to the petitioner on the basis of the Catering Policy, 2017, (for short ‘Policy 2017’ is put in issue before this Court through the present petition.
2. It is the case of the petitioner that it was awarded a license by the 3rd respondent to operate, manage and supply catering services on a General Minor Unit (for short ‘GMU’) at platform Nos.2 & 3 at Madurai Railway Station on 14.11.2016, which was for a period of five years commencing from 21.12.2016 and ending on 20.12.2021. A Master License Agreement was executed between the petitioner and the 3rd respondent on 31.03.2017.
3. It is the further case of the petitioner that on 22.03.2020, due to the imposition of national lockdown due to COVID-19 pandemic, there was an instant cessation of all activities across railway stations all over India and, therefore, the GMU was non-operational f
The petitioner cannot claim renewal of a catering license under the new policy due to failure to meet stipulated conditions outlined in previous judicial decisions.
Tender-based catering licenses under 2017 policy non-renewable per agreement terms; older code inapplicable excluding tenders; no perpetual right after prior binding judgments dismissing renewal clai....
The court ruled that the renewal of food stall licenses must adhere to the Catering Policy 2010, emphasizing the rights of existing licensees despite the expiration of their licenses.
Licenses under Catering Policy are subject to renewal only upon satisfactory performance; violations of service standards invalidate renewal expectations.
The court established that renewal of a contractual licence is not an automatic right and requires strict adherence to stipulated conditions, including timely submission of mandatory documents.
Point of Law : If there was variation in catering charges, revision of license fee was required to be on sales assessment basis and not pro-rata basis.
The renewal of a contract does not guarantee entitlement to alterations. Any new terms by one party must respect the original agreement's parameters, resisting unilateral imposition without mutual co....
License renewal subject to satisfactory performance; penalties on licensee justified rejection of renewal application.
Legal agreements explicitly stating non-renewability clauses are enforceable, denying claims for extensions based on perceived unequal treatment resulting from a pandemic.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
