CHIEF COMMERCIAL MANAGER Vs. JUGNU JAYANT

JUDGEMENT

(1.) THIS intra court appeal impugns the order dated 15 th July, 2011 of the learned Single Judge allowing WP(C) No. 4779/2011 preferred by the respondent, by directing the appellant Railways to extend the lease of the respondent for a period of two years from the date of expiry of the original lease, in terms of Clause (E) of the Comprehensive Parcel Leasing Policy and Clause 18 of the Contract of RSLR in Train No.2394 Ex NDLS to PNBE. Notice of the appeal was issued, though no stay of operation of the This appeal was on 15 th order of the learned Single Judge granted. December, 2011 admitted for hearing. The counsels have been heard.

(2.) PURSUANT to invitation of tenders for parcel space in the aforesaid train, the respondent herein submitted his bid and was allotted the contract of leasing of 4 tonnes RSLR space in the said train and a formal contract dated 22nd July, 2008 was signed between the appellant Railways and the respondent. As per the terms of the said contract, the lease was for a period of three years w.e.f. 21st June, 2008 till 20th June, 2011. Clause 18 of the contract was as under:

(3.) AGGRIEVED therefrom the respondent filed the writ petition from which this appeal arises. It appears that the writ petition was allowed without calling for any counter affidavit of the appellant, finding the subject matter to be covered by the earlier judgment in Kishan Freight Forwarders Vs. Union of India 181 (2011) DLT 547 and in other connected batch of writ petitions, holding :