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Judgment
ORAL ORDER
The present writ petition is filed seeking for the following reliefs:
"a. Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Respondents Nos. 2 to 4 to consider the Petitioner's representation dated 31.01.2026 (ANNEXURE- K) seeking extension of the TSV Contract pertaining to (SA-SBC-MYS) Section XVI South Western Railway and pass appropriate orders within a time frame fixed by this Hon'ble Court; in order to compensate the Petitioner for the losses suffered due to disruptions caused by cancellation/diversion of trains and other reasons beyond the Petitioner's control;
b. Pass such other order or direction as this Hon'ble Court deems fit in the interests of justice and equity."
The petitioner is a successful tenderer pursuant to the notification dated 07.08.2019 (Annexure-A to the writ petition) for providing On-Board Catering Services through Train Side Vending for a period of five years. The said tender was awarded by the respondents - South Western Railways1. The petitioner made a representation dated 31.01.2026 (Annexure-C to the writ petition) seeking for extension of the contract executed in its favour pursuant to the tender in question. The said extension is inter alia sought on the ground that the period of the tender awarded to the petitioner was during the Covid-19 Pandemic.
Learned counsel for the respondents has filed statement of objections contending that the extension sought for by the petitioner vide letter dated 19.04.2022 as well as email dated 19.04.2023 was considered by the concerned respondents, consequent to which the tender of the petitioner was extended for a period of 694 days. The respondents have further placed on record that consequent to the expiry of the period of tender awarded to the petitioner, subsequent orders have been issued and work orders for the Trains in question have been issued with respect to 14 Trains and the license with respect to the remaining one Train i.e., 15th Train has also been finalized.
In view of the aforementioned, no further orders are to be passed in the present writ petition.
At this stage, learned counsel for the petitioner seeks for liberty to assail the action taken by the railway authorities during the pendency of the present petition.
Accordingly, the writ petition stands disposed of.
This order will not preclude the petitioner from availing such remedies as permissible under law.
Pending IAs., if any stand disposed of.
Footnotes
- 1.Hereinafter referred to as 'Railways'