Facts
The petitioner was awarded a 5-year License Agreement by the respondent-Railways/IRCTC for catering services in a specific train
Source reference: para. 2(i)Upon the expiry of the original term on June 20, 2019, IRCTC declined to renew the contract, citing the petitioner's failure to meet minimum guaranteed performance standards
Source reference: para. 2(ii)The petitioner challenged this non-renewal in December 2019, and the Court granted an interim order on December 24, 2019, allowing the petitioner to continue services during the pendency of the litigation
Source reference: para. 4By May 2026, the hypothetical "renewed period" of the contract had also expired (March 1, 2026), rendering the primary challenge to non-renewal infructuous
Source reference: para. 7-8The surviving dispute pertained to the recovery of license fees for the period the petitioner operated under the court's interim protection
Source reference: para. 10Issues
Whether the respondent-IRCTC is entitled to recover outstanding license fees and contractual dues for the period the petitioner operated under the interim order of the Court.
Source reference: para. 10, 12Law Applied
The Court applied the principle of contractual obligation and the doctrine that interim protection does not absolve a party from its financial liabilities under the underlying agreement.
Source reference: no citationAn interim order allowing a party to perform services "in terms of the contract" fundamentally implies a reciprocal obligation to make payments in accordance with that same contract
Source reference: para. 12The Court also referenced its consistent approach in similar matters, specifically Sunshine Caterers Pvt. Ltd. v. Union of India & Ors, W.P.(C) 13919/2019
Source reference: para. 11Reasoning
The Court reasoned that because the interim order dated December 24, 2019, mandated the petitioner to provide services "in terms of the contract," the petitioner was bound by both the rights and the obligations of said contract
Source reference: para. 12The Court rejected any implicit suggestion that the petitioner could operate the catering services without settling the license fees, noting that even the petitioner did not deny liability, though they claimed payments had been made
Source reference: para. 12Since the renewed term had already expired by the time of the final hearing, the only judicial necessity was to clarify the respondent's right to recover dues for the extended period of operation facilitated by the Court's stay
Source reference: para. 13Holding
The Court disposed of the writ petition by holding that the respondents are entitled to recover all outstanding dues from the petitioner as per the contractual terms for the duration of the interim order
The Court granted IRCTC the liberty to take legal steps for the recovery of these amounts and all pending applications were disposed of accordingly
Source reference: para. 14, 15Original Court PDF
Ambuj Hotels And Real Estate Pvt. Ltd.vsUnion Of India And Anr
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