AIRWIDE EXPRESS CARGO Vs. UNION OF INDIA

JUDGEMENT

(1.) The General Manager of the Western Railway invited tenders for leasing of parcel space in brake vans/parcel vans/Assistant Guard's Cabin of twenty five tonnes in the Firozpur Janata Express (Train No. 9023/24) on a round trip basis between Mumbai Central and Firozpur. Bids were invited for all running days in a year on a long term basis. Tenders were opened on 4 September, 2006. A letter of acceptance was issued to the petitioner on 20 November, 2006. The rate offered by the petitioner was Rs. 1,01,000/- for each round trip. The contract was to be valid until 6 December, 2009. The contention of the petitioner is that his performance was satisfactory and both a certificate of satisfactory performance and a no dues certificate was issued by the Divisional Commercial Manager. Clause 20 of the agreement contains a provision for extension of the contract which was as follows :

(2.) The petitioner sought an extension in terms of clause 20 for a period of two years on 2 November, 2009. At the relevant time, the policy of the Ministry of Railways was governed by Freight Marketing Circular 12 of 2006 issued by the Railway Board on 28 March, 2006. The relevant clause (Clause (E)) in relation to extension of leases was as follows :

(3.) In the meantime, the petitioner has been informed by a letter dated 25 November, 2010, that the Competent Authority has decided to discontinue the lease contract of the petitioner in the absence of any interim order of a Court. Accordingly, the petitioner has sought an amendment of the Plaint in terms of the draft which is tendered before the Court. Amendment in terms of the draft is allowed, since the Petition has been pending admission, and is allowed to be carried out forthwith.