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2026 DAILYLAW 42492 (KAR)

M/S MARVIN FOOD PRIVATE LTD v. UNION OF INDIA

WP/23429/2026 · 2026-09-25

C M Poonacha

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010514542026 NC: 2026:KHC:53361 WP No. 23429 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 23429 OF 2026 (GM-TEN) BETWEEN: 1. M/S MARVIN FOOD PRIVATE LTD NO.130, 1ST FLOOR, 10TH CROSS, PETECHANNAPA, INDUSTRIAL AREA, KAMAKSHIPALYA, BENGALURU-560079 REPRESENTED BY ITS PARTNERS SRI. VIJENDRA M.P S/O SRI. PUTTARAMAIAH, AGED ABOUT 44 YEARS SMT. UMADEVI A W/O SRI NANJUNDAIAH K. S AGED ABOUT 45 YEARS. …PETITIONER (BY SRI. VENKAT SUBBARAO, ADVOCATE FOR SRI. MATEEN KHAN.,ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF RAILWAYS (RAILWAY BOARD), RAIL BHAWAN, RAISINA ROAD, NEW DELHI-110 001. 2. THE CHAIRMAN AND MANAGING DIRECTOR INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED, - 2 - HC-KAR CNR: KAHC010514542026 NC: 2026:KHC:53361 WP No. 23429 of 2026 (A GOVERNMENT OF INDIA ENTERPRISE), STATESMAN HOUSE, BARAKHAMBA ROAD, CONNAUGHT PLACE, NEW DELHI- 110 001. 3. GROUP GENERAL MANAGER INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED, ZONAL OFFICE, NO.6A, THE RAIN TREE PLACE, NO.9 MC. NICHOLAS ROAD, CHETPET, CHENNAI 600031 4. THE REGIONAL MANAGER, INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED, REGIONAL OFFICE RAMAKRISHNA ARCADE, NO.82, SHREE DR. RAJKUMAR ROAD, RAJAJINAGAR, BENGALURU 560 010. …RESPONDENTS (BY SRI. MUKUND PRASAD.,ADVOCATE FOR R1 SRI. ABHINAY Y T, ADVOCATE FOR R2 TO R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS NOS. 2 TO 4 TO CONSIDER THE PETITIONERS 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 HONBLE 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 PETITIONERS CONTROL. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010514542026 NC: 2026:KHC:53361 WP No. 23429 of 2026 CORAM: HON'BLE MR. JUSTICE C.M. POONACHA 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." 2. 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 1 Hereinafter referred to as 'Railways' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010514542026 NC: 2026:KHC:53361 WP No. 23429 of 2026 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. 3. 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. 4. In view of the aforementioned, no further orders are to be passed in the present writ petition. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 5 - HC-KAR CNR: KAHC010514542026 NC: 2026:KHC:53361 WP No. 23429 of 2026 5. 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. 6. Accordingly, the writ petition stands disposed of. 7. This order will not preclude the petitioner from availing such remedies as permissible under law. 8. Pending IAs., if any stand disposed of. (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 40 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA