DEEPAK AND CO THROUGH ITS PARTNER SMT POONAM PORWAL Vs. INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED THROUGH ITS CHAIRMAN AND MANAGING

JUDGEMENT

(1.) The petitioner, which is a partnership firm duly registered with the Registrar of Firms, and is engaged in and carrying on the business of operation and management of catering services and other on board services being rendered in various trains, has instituted the proceedings of instant petition under Article 226 of the Constitution of India assailing the validity of the Letter of Award dtd. 17/4/2024 (hereinafter referred to as 'LoA') issued by the respondent no.1 in favour of respondent no.2 for commissioning and operation of base kitchens at pre-notified locations along with provision of on board catering services for a period of five years, which is further extendable up to two years.

(2.) The respondent no.1 issued a notice inviting e-open tender bearing no.2024/IRCTC/P & T/CLUSTER/FEB/NR/CLT/A-1 for providing on-board catering services in trains for a period of five years, which is further extendable up to two years, in the month of February 2024.

(3.) The last date of submissions of the bid was 22/2/2024 up to 12:00 Hrs., and the date of opening of the technical bid was 22/2/2024 at 12:15 Hrs. As per the tender notice, the date and time of opening of the financial bid were to be communicated later. The petitioner submitted its bid, which, as per the tender document, was in two parts: a techno-commercial bid (Packet 'A') and a financial bid (Packet 'B').