FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | CIVIL APPLICATION NO.11531/2009 Indian Railways Catering and Tourism Corpn.Ltd. & Ors .. Applnts. Vs SCR Caterers,Fruits, Dry Fruits, Fruits Juices, Contractors Welfare Association & Ors. .. Respdts. .... Shri M.N.Nawandar,Adv.for applnts. Shri R.N.Dhorde h/f Shri R.A.Tambe,Adv.for Respdts. .... CORAM : A.P.DESHPANDE & N.D.DESHPANDE,JJ. DATE : 13TH JANUARY 2010. 1] This Civil Application for vacating stay is moved by Indian Railway Catering and Tourism Corporation Ltd. (hereinafter referred to as IRCTC for brevity). 2] The present Writ Petition has been filed by Association of the contractors, who are operating stalls at the railway stations, calling in question the legality and propriety of the orders issued by the present applicant increasing the license fees chargeable from the members of the petitioner association at the railway stations. 3] The present application has been moved by the applicant in view of the order passed by Apex Court in Special Leave to Appeal (C Nos. 10742-10743/2007) arising out of judgment and order dated 12/4/07 in Writ Petition No.1819/2006 and Notice of Motion No.125/2007 in Writ Petition No.1819/2006 of the High Court of Bombay, alongwith a batch of other several writ petitions. The order passed by the Apex Court dated 16/9/2009 vacates the interim stay granted in various matters. A further direction is issued : It is directed that in case in any litigation pending before any Court in the country, an interim order is operating which is at variance with this order, it would be open to the Union of India and/or I.R.C.T.C. to file appropriate application before that court for suitably modifying the same or this Court in these cases for appropriate orders. It is further directed that no court in the country, other than this court, shall pass any order which may be at variance with this order. 4] The impugned orders granting stay in the present Writ Petitions are dated 30/3/07 and 12/11/08. Perusal of the stay order would reveal that the stay orders came to be passed on the basis of statement made on behalf of the petitioners that various High Courts and the Bombay Bench of the Bombay High Court have stayed the increase in the license fees under various circulars and hence stay came to be granted in these petitions. It is also revealed from the order dated 12/11/08 that the petitioner placed reliance on the order passed by Division Bench at principal seat of the High Court,Bombay in Writ Petition No.569/06 and a group of matters, a S.L.P. pending in the Supreme Court. A compilation of the orders passed by Apex Court and the orders passed by the Bombay Bench of this Court were placed on record and hence interim stay was granted subject to the condition that the members of the petitioner association shall continue to pay the license fees operating prior to the revision of the license fees. 5] The learned counsel for the applicant has submitted that after hearing, the Special Leave Petitions arising from Writ Petition filed at Bombay, the Supreme Court has vacated the stay and the protection is continued only for a limited category of the persons. Relevant portion of which is reproduced hereinabove. We hereby modify by interim orders referred to above passed by this Court to this extent that the same shall apply only in relation to quotas of percentage reserved for freedom fighters/women including war widows and widows of railways employees/persons who have been dislocated or displaced due to their land having been taken over by the railway for its own use and also for minority and stand vacated qua all others. 6] It is undisputed that barring the categories mentioned hereinabove, the stay does not operate in favour of any other category. 7] It is reiterated that the orders dated 30/3/2007 and 12/11/2008 were passed relying on the interim order passed in Writ Petition No.569/06 by the Bombay High Court at its Principal Bench and thereafter, as Supreme Court had granted stay. In view of the order passed by Apex Court vacating stay dated 16/9/09, we proceed to vacate the stay granted by this Court vide orders dated 30/3/07 and 12/11/08. The stay stands vacated in compliance of the order of the Supreme Court dated 16/9/09. The application is disposed of. 8] At this stage, Shri Dhorde, learned counsel for the petitioner seeks stay of this order for 8 weeks, so as to enable the petitioner to approach the Apex Court. In view of clear direction contained in the order passed by Supreme Court referred to in the order, the prayer cannot be acceded to and is rejected. [N.D.DESHPANDE] [A.P.DESHPANDE] JUDGE JUDGE umg/ca11531-09