Dismissed

Indian Railways Mobile Caterers Association (Irmca) v. Union of India

Madras HC28 Nov 2024WP/23821/2022

Case brief

AI extract

What is this about?

A writ petition challenging IRCTC's optional catering services notification was withdrawn by the petitioner seeking liberty to invoke the arbitration clause. The court recorded the counsel's endorsement and dismissed it as withdrawn, leaving limitation to be decided by the Arbitrator.

What did the court decide?

Dismissed as withdrawn with liberty for association members to invoke arbitration clause; limitation question left to Arbitrator.

Indian Railways Mobile Caterers Association… — Contract and Commercial Disputes | Madras HC (2024)

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W.P.No.23821 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 28.11.2024

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CORAM

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THE HONOURABLE MR.JUSTICE S.SOUNTHAR

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W.P.No.23821 of 2022 and W.M.P.Nos.22805 and 22806 of 2022 and W.M.P.No.5248 of 2024

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Indian Railways Mobile Caterers Association (IRMCA) Rep. by its President S.B. Agarwal Having its Administrative off. At 4 & 5, Arunachalam Lane, Periamet, Chennai-3. ... Petitioner

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vs.

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1.Union of India Ministry of Railways, Railway Board, Through its Secretary Rail Bhawan New Delhi-110001.

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2.Indian Railways Catering and Tourism Corporation Limited (IRCTC) Through its Chairman-Cum-Managing Director, B-148, 11^th Floor, Statesman House, Barakhamba Road, New Delhi-110001. ... Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records in

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https://www.mhc.tn.gov.in/judis

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connection

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W.P.No.23821 of 2022

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connection with the Impugned Notification

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Nos.2017/IRCTC/Catg./DCS/Optional Services dated 14.10.2019 and 16.10.2019 issued by the Respondent No.2 and quash the same and consequentially direct the Respondents to suspend the provision of Optional Catering Services / Opt-out scheme to passengers of the trains wherein the members of Petitioner Association are providing catering services and consequently direct the Respondents to include the catering charges in the ticket fare of such passengers during the pendency of the license.

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For Petitioner : Mr. Sathish Parasaran Senior Counsel for M/s.T.N.C.Kaushik For R1 : Mr.K.Srinivasa Murthy Central Government Standing Counsel For R2 : Mr.AR.L.Sundaresan Additional Solicitor General-I

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O R D E R

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The Senior Counsel appearing for the petitioner seeks leave of the

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Court to withdraw the writ petition with liberty to invoke arbitration clause and the counsel on record has also made an endorsement in the court bundle to that effect.

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The learned Additional Solicitor General-I appearing for the 2 nd

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respondent submitted that only the Members of the Petitioner's Association

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https://www.mhc.tn.gov.in/judis

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W.P.No.23821 of 2022

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can invoke arbitration clause and the Petitioner's Association is not entitled

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to invoke the same.

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3. Recording the endorsement made by the counsel on record for the petitioner, the Writ Petition is dismissed as withdrawn with liberty to the Members of the Petitioner's Association to invoke arbitration clause. The question of limitation will be decided by the Arbitrator. No costs. Consequently, the connected writ miscellaneous petitions are closed.

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28.11.2024

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Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No dm

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1.Secretary, Union of India, Ministry of Railways, Railway Board, Rail Bhawan New Delhi-110001.

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2.Chairman-Cum-Managing Director Indian Railways Catering and Tourism Corporation Limited (IRCTC) B-148, 11^th Floor, Statesman House, Barakhamba Road, New Delhi-110001.

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https://www.mhc.tn.gov.in/judis

W.P.No.23821 of 2022

S.SOUNTHAR, J.

W.P.No.23821 of 2022

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28.11.2024

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https://www.mhc.tn.gov.in/judis

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Indian Railways Mobile Caterers Association (Irmca) v. Union of India

Case brief

What is this about?

What did the court decide?

Indian Railways Mobile Caterers Association (Irmca) v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

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