Dismissed

M/s Balaji Food and Beverages Represented Through Its Proprietor Sri Chandrakant Kumar v. The Indian Railway Through Its Secretary and Ors.

Patna HC6 Sept 2018CWJC/9650/2018

Case brief

AI extract

What is this about?

This order permits the withdrawal of multiple civil writ jurisdiction cases filed by various food vendor contractors against the Indian Railways and Railwa[rd] Board. The court allowed the withdrawal because the petitioners proposed approaching the Supreme Court separately and dismissed the petitions as withdrawn, vacating ad-interim relief.

What did the court decide?

All writ petitions were dismissed as withdrawn; ad-interim relief previously granted was vacated.

M/s Balaji Food and Beverages Represented Through Its… — Service and Employment | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11100 of 2018

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M/s Express Food Services Represented Through Its Proprietor Sri Shivakant Pandey, aged about 48 years Son of Suresh Chandra Pandey Resident of Shiv Nilyam, Jacob Compound, Vishwanath Cinema Road, P.O. +P.S. Itarsi, District- Hoshangabad, M.P.

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... ... Petitioner/s

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Versus

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The Indian Railways Through Its Secretary , Ministry of Rail, Rail Bhawan, New Delhi.

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The Railway Board, Ministry of Railway, Government of India through its Executive Director, Rail Bhawan, New Delhi.

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East Central Railway, Hajipur, Bihar.

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Divisional Railway Manager (Commercial), Mughalsarai Division, E C Railway, DRM Office, 2nd Floor, P.O. +P.S.- Mughalsarai, DistrictChandauli (U.P.).

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... ... Respondent/s

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with

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Civil Writ Jurisdiction Case No. 7383 of 2018

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Abhimanyu Kumar Singh, Son of Sri Bishwanath Singh, Resident of Vill. +P.O.-Bochaha, P.S.-Mohauddinagar, DistrictSamastipur.

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M/s P.K. Caterers Represented through its Proprietor Sri Praveen Kumar, Son of Late VijayKumar Poddar, Resident of Safullaganj, P.O.+P.S.-Darbhanga, District-Darbhanga.

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M/s A.K. Caterers representedthrough its Proprietor Sri Anil Kumar Singh, Son of Late JaynarayanSingh, Resident of Nakhas Road, P.O.+P.S.-Sonpur, District-Saran.

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M/s Dheeraj Kumar Singh, Son of Late Kumar Arjun Singh, Resident of Village-Barvatta, P.O.+P.S.-Sonpur, District-Saran.

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... ... Petitioner/s

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Versus

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The Indian Railways Through Its Secretary, Ministry of Rail, Rail Bhawan, New Delhi.

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The Railway Board, Ministry of Railway, Government of India.

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East Central railway, Hajipur, Bihar.

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Divisional Railway Manager (Commercial), Sonpur Divison, ECR Railway, DRM Office, Ground Floor, P.O.+P.S.-Sonpur, District-Saran, Bihar.

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... ... Respondent/s

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with

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Civil Writ Jurisdiction Case No. 8498 of 2018

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Patna High Court CWJC No.11100 of 2018(4) dt.06-09-2018 2/6

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Manoj Kumar , aged about 32 years Son of Madho Prasad Resident of Village- Chak Hussaini, P.S. Mansi, DistrictKhagaria.

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M/s Balaji Food & Beverage represented through its Proprietor Sri Chandrakant Kumar, aged about 46 years Son of Sant Bilash Sharma Resident of Baishali Compound, Road No. 4/B, Chanakyapuri Colony, Ward No. 32, P.S. Rampur, District- Gaya.

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Shiv Balak Yadav, aged about 61 years Son of late Sanichar Yadav Resident of Village- Asurari, Bihat, P.S. Barauni, DistrictBegusarai.

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Archana Devi, aged about 62 years Wife of Naval Kishore Singh Resident of Village +P.O.- Hajipur, P.S. Town Hajipur, DistrictVaishali.

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... ... Petitioner/s

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Versus

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The Indian Railways Through Its Secretary, Ministry of Rail, Rail Bhawan, New Delhi.

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The Railway Board, Ministry of Railway, Government of India.

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The East Central Railway, Hajipur, Bihar.

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Divisional Railway Manager(Commercial), Sonpur Division, ECR Railway, DRM Office, Ground Floor, P.O. +P.S. Sonpur, District- Saran, Bihar.

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... ... Respondent/s

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with

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Civil Writ Jurisdiction Case No. 9650 of 2018

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M/s Balaji Food & Beverages Represented Through Its Proprietor Sri Chandrakant Kumar, aged about 46 years, Son of Sant Bilash Sharma, Resident of Baishali Compound, Road No.4/B, Chanakyapuri Colony, Ward No.32, P.S.- Rampur, District- Gaya.

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... ... Petitioner/s

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Versus

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The Indian Railway Through Its Secretary, Ministry of Rail, Rail Bhawan, New Delhi.

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The Railway Board, Ministry of Railway, Government of India.

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East Central Railway, Hajipur, Bihar.

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Divisional Railway Manager (Commercial), Mughalsarai Division, E C Railway, DRM Office, 2nd Floor, P.O.+P.S.- Mughalsarai, District- Chandauli (UP).

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... ... Respondent/s

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with

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Civil Writ Jurisdiction Case No. 13782 of 2018

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Shanti Devi, Wife of Late Vijay Kumar Poddar, Resident of Village-Safullaganj, P.O.+P.S.-Lalbag, Darbhanga, DistrictDarbhanga, Bihar.

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Patna High Court CWJC No.11100 of 2018(4) dt.06-09-2018 3/6

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M/s Express Food Service, Registered Office-526 Arya Nagar, Near Vishwanath Cinema, Surajganj, Itarsi, Madhya Pradesh Represented through its Proprietor Shri Shivkant Pandey, Son of Shri S.C. Pandey Resident of Guru Govind Singh Nagar, P.O. and P.S.-Suraj Ganj, City-Itarsi, District-Hosangabad, Madhya Pradesh.

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Vilayat Hussain, Son of Sri Karamat Hussain, Resident of Village-Sonepur Adam, P.O. and P.S.-Sonepur, District-Saran, Bihar.

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... ... Petitioner/s Versus

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The Indian Railways Through Secretary,Ministry of Railways, Government of India, Rail Bhawan, New Delhi.

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The Railway Board, Ministry of Railways, Government of India, Rail Bhawan, New delhi.

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The East Central Railwaya through the Zonal Manager, Hajipur

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The Divisional Railway Manager (Commercial), Samastipur Division, East Central Railways, DRM Office, P.O. & P.S.-Samnastipur, DistrictSamastipur,BIhar.

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The Divisional Railway Manager (Commercial), Sonepur Division, East Central Railways, DRM Office, Ground Floor, P.O. & P.S.-Sonepur, DistrictSaran,BIhar.

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The Indian Railway Catering and Tourism Corporation Limited (I.R.C.T.C.) Eastern Zonal Office 3, Koyalaghat Street, Ground Floor, Kolkata-700001.

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The Regional Manager Indian Railway Catering and Tourism Corporation Limited (I.R.C.T.C.), 4th Floor, BISCOMAUN Bhawan, West Gandhi Maidan, Patna.

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THE Group General Manager, the Indian Railway Catering & Tourism Corporation Limited, (I.R.C.T.C) Eastern Zonal Office 3, Koyalaghat Stree Ground Floor, Kolkata-700001.

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... ... Respondent/s

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with

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Civil Writ Jurisdiction Case No. 15071 of 2018

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M/s Panchu Ram & Sons Represented through its Proprietor Brij Kishor Sharma @ Braj Kishor Sharma, son of Panchu Ram Sharma, resident of Jairam Bazar, Khagaul, Dinapur-cumKhagaul, P.S.- Khagaul, District- Patna.

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M/S Ji Bihari Lal & Sons represented through its proprietor Pramod Bihari Lal, Son of Jai Bihari Lal, resident of Near Shiv Mandir, Main Road, Bihari Lane, Dinapur-cum-Khagaul, P.S.Danapur Cantt., District- Patna.

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M/s Shyam Sunder & Sons represented through its Proprietor Dinesh Chand Sharma, Son of Late Shayam Sunder Lal, resident of 168, Mahavir Nagar, Bhuteshwar, P.S.- Mathura, District- Mathura.

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M/S Sundari Devi represented through its legal heir namely Rakesh Kumar Gupta, Son of Late Vishnudev Prasad Gupta,

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Patna High Court CWJC No.11100 of 2018(4) dt.06-09-2018 4/6

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residet of 09, Near post office, Ward No. 11, P.S.- Dildar Nagar, District- Ghazipur, U.P.

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M/s Manik Chand Chaurasia represented through its Legal heir namely Ravi Prakash Chaurasia, Son of Manik Chand Chaurasia, resident of 105-105, Ambedkar Nagar, Saidpur P.S.- Saidpur, District- Ghazipur, U.P.

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M/s Urvashi Hotel respresented through its Proprietor Archana Devi, Wife of Naval Kishore Singh, resident of Village + P.O.Hajipur, P.S.- Town Hajipur, District- Vaishali.

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M/s Express Food Services represented through its Proprietor Shivakant Pandey, Son of Suresh Chandra Pandey, resident of Shiv Nilyam, Jacob Compound, Vishwanath Cinema Road, P.O. + P.S.- Itarsi, District- Hoshangabad, M.P.

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... ... Petitioner/s

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Versus

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East Central Railway Hajipur, Bihar.

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The Indian Railways through its Secretary, Ministry of Rail, Rail Bhawan, New Delhi.

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The Railway Board, Ministry of Railway, Government of India.

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... ... Respondent/s

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with Civil Writ Jurisdiction Case No. 18565 of 2017

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M/s Abhay Shankar & Ajay Shankar, Refreshment Room and Vending Contractor, Bakhtiyarpur represented through its Partner Ajay Kumar, Son of Late Mahadev Prasad Chaurasia, resident of Bakhtiyarpur, P.O. & P.S. Bakhtiyarpur, DistrictPatna.

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M/s J.P. Singh & Brothers Refreshment Room Contractor, Buxar represented through its Proprietor Dhruva Narayan Singh, Son of Late Joginder Prasad Singh, resident of Basant Vihar Colony Boring Road, P.S. Sir Krishnapuri, District- Patna.

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M/s Annapurna Catering Vending Society Limited, represented through its President Abhijeet Kumar, Son of Shailendra Nath Singh, resident of Dakbunglow Road, P.S. Mokama, DistrictPatna.

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... ... Petitioner/s

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Versus

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The Indian Railways through its Secretary, Ministry of Rail, Rail Bhawan, New Delhi.

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The Railway Board, Ministry of Railway Government of India.

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The Indian Railway Catering and Tourism Corporation Limited (I.R.C.T.C), Eastern Zonal Office 3, Koyalaghat Street, Ground Floor, Kolkata- 700001. null null

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The Regional Manager Indian Railway Catering and Tourism Corporation Limited (I.R.C.T.C.), 4th Floor, BISCOMAUN Bhawan, West Gandhi Maidan, Patna. null null

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Patna High Court CWJC No.11100 of 2018(4) dt.06-09-2018 5/6

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The Group General Manager, the Indian Railway Catering & Tourism Corporation Limited, (I.R.C.T.C.) Eastern Zonal Office 3, Koyalaghat Street, Ground Floor, Kolkata- 700001.

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... ... Respondent/s

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=============== Appearance :	======	=================================
(In Civil Writ Jurisdict	ion Case	No. 11100 of 2018)
For the Petitioner/s	:	Mr. Shashi Anugrah Narayan, Sr. Advocate Mr. Aditya Prakash Sahay, Advocate
For the Respondent/s	:	Mr. S. D. Sanjay, Sr. Advocate Mr. Priya Ranjan, Advocate Mr. Anshuman Singh, Advocate Mr. Brajesh Kumar, Advocate
(In Civil Writ Jurisdic	tion Case	No. 7383 of 2018)
For the Petitioner/s	:	Mr. Aditya Prakash Sahay
For the Respondent/s	:	Mr. Anil Kumar Sinha
(In Civil Writ Jurisdict	ion Case	No. 8498 of 2018)
For the Petitioner/s	:	Mr. Aditya Prakash Sahay
For the Respondent/s	:	Mr. S. D. Sanjay, Sr. Advocate Mr. Anshuman Singh, Advocate
(In Civil Writ Jurisdict	ion Case	No. 9650 of 2018)
For the Petitioner/s	:	Mr. Aditya Prakash Sahay
For the Respondent/s	:	Mr. S. D. Sanjay, Sr. Advocate Mr. Brajesh Kumar, Advocate
(In Civil Writ Jurisdict	ion Case	No. 13782 of 2018)
For the Petitioner/s	:	Mr. Kamal Kishor Singh, Advocate Mr. Tej Pratap Singh, Advocate
For the Respondent/s	:	Mr. S. D. Sanjay, Sr. Advocate Mr. Brajesh Kumar, Advocate Mr. Anil Kumar Sinha, Advocate Mr. Brajesh Kumar, Advocate Mr. R. K. Agrawal, Advocate Mr. Kumar Ravish, Advocate Mr. Ravi Bharuka, Advocate
(In Civil Writ Jurisdict	ion Case	No. 15071 of 2018)
For the Petitioner/s	:	Mr.P. K. Shahi, Sr. Advocate Mr. Aditya Prakash Sahay
For the Respondent/s	:	Mr. S. D. Sanjay, Sr. Advocate Mr. Priya Ranjan, Advocate Mr. Anshuman Singh, Advocate Mr. Brajesh Kumar, Advocate
(In Civil Writ Jurisdict	ion Case	No. 18565 of 2017)
For the Petitioner/s	:	Mr. Aditya Prakash Sahay
For the Respondent/s	:	Mr. Anil Kumar Sinha, Advocate Mr. R. K. Agrawal, Advocate
		Mr. Kumar Ravish, Advocate
		Mr. Ravi Bharuka, Advocate

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CORAM: HONOURABLE THE CHIEF JUSTICE and

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HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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Patna High Court CWJC No.11100 of 2018(4) dt.06-09-2018 6/6

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(Per: HONOURABLE THE CHIEF JUSTICE)

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4 06-09-2018

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After making submissions, learned counsel appearing

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on behalf of the petitioners seeks permission to withdraw these petitions, as, now, the petitioners propose to approach the Hon'ble Supreme Court by way of separate petitions.

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Recording the aforesaid statements, all these writ petitions are permitted to be withdrawn.

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Writ petitions are dismissed as withdrawn. Ad-interim relief granted earlier stands vacated forthwith.

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(Mukesh R. Shah, CJ)

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(Ashutosh Kumar, J)

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Skm / Praveen

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M/s Balaji Food and Beverages Represented Through Its Proprietor Sri Chandrakant Kumar v. The Indian Railway Through Its Secretary and Ors.

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M/s Balaji Food and Beverages Represented Through Its Proprietor Sri Chandrakant Kumar v. The Indian Railway Through Its Secretary and Ors.

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