Karnataka High Court

WP/23429/2026 of M/S MARVIN FOOD PRIVATE LTD Vs UNION OF INDIA on 25 September 2026

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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

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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,

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(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:

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CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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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'

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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.

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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

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