M/S. Satyam Caterers v. The Chief Commercial Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2016

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE M.M.SUNDRESH O.S.A.Nos.30 to 34 of 2016 and CMP.Nos.3173 to 3177 of 2016 M/s.Satyam Caterers Private Limited, 4th Floor, 118/7 Masjid Road, Jangpura, Bhogal, New Delhi-110 014 rep. by its Authorised Signatory ... Appellant in OSA.Nos.30, 32, 33 & 34 of 2016 M/s.Roop Caterers, T062, Ground Floor, Back Portion, Bhogal Road, Jangpura, Bhogal, New Delhi-110 014, rep. by its Authorised Signatory ... Appellant in OSA.No.31/2016 Vs The Chief Commercial Manager (PS and CATG), Southern Railway, Govt. of India, Commercial Branch, Headquarters Office, Park Town, Chennai-600 003.

... Respondent in all OSAs.

Appeals filed under Order XXXVI, Rule 9 of Original Side Rules read with Clause 15 of Letters Patent against the common order made in O.A.Nos.1132, 1137, 1128, 1131 and 1134 of 2015, dated 16.02.2016.

Prayer in O.A.Nos.1132, 1137, 1128, 1131 and 1134 of 2015 : These Petitions praying that this Hon'ble Court be pleased to grant an order of Interim Injunction restraining the Respondent herein, his men, agents, subordinates, officers or

officers authorized by it from in any manner interfering with the Applicant's continuing the catering services on Train No.12625/26 - Trivandram - New Delhi Express, Kerala Express; Train No.16381/82 - Mumbai CST - Kanyakumari Express; Train No.16351/52 - Nagarcoil - Mumbai CST Express; Train No.12615/16 - Chennai Central - New Delhi Grand Trunk Express and Train No.12621/22 - Chennai Central - New Delhi, Tamil Nadu Express respectively, pending disposal of the above Arbitration proceedings.

For Appellant(s) : Mr.AR.L.Sundaresan Senior Counsel for Ms.AL.Gandhimathi For Respondent : Mr.R.Thiagarajan Senior Counsel for Mr.V.G.Suresh Kumar COMMON JUDGMENT (Judgment of the Court was delivered by The Hon'ble Chief Justice) On hearing the learned counsel for parties, the following agreed order is passed:- (1)All the claims of the appellants on merit would be raised during the arbitration proceedings and the impugned order would not in any manner affect the arbitration proceedings.

(2)The appellants are granted extension to run the contract till 4th March, 2016, on which date they will hand over the catering services to the respondent, especially, as the new contract has already been awarded by the respondent.

2. The appeals, accordingly, stand disposed of. No costs. Consequently, all connected CMPs. are closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar bbr

To The Sub Assistant Registrar, Original Side, High Court, Madras.

+5cc's to Ms.AL.Gandhimathi, Advocate, S.R.Nos.12468 & 12015 O.S.A.Nos.30 to 34 of 2016 JSV(CO) CA(01/03/2016)