1 WPL-1562-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION [L] NO.1562 OF 2011 M/s.Kishan Freight Forwarder ..Petitioner Vs Union of India and ors. ..Respondents -- Mr.Ravi Kadam, Senior Counsel with Rui Rodrigues i/b.Mr.V.M. Sonpal, for petitioner. Mr.Suresh Kumar, for respondent no.1 and 2. Mr.Laxman Suryawanshi, for respondent no.3. -- CORAM : D.K.DESHMUKH & R.G.KETKAR, JJ. DATE : 2 nd AUGUST, 2011 P.C: Rule. Rule is made returnable forthwith. Heard finally by consent of the parties. 2] Heard. Perused record specially, order dated 28 th October, 2010 passed by this Court in Writ Petition [L] No.2418 of 2010. This Court, by that order, had directed the respondent - Railway to 2 WPL-1562-11.odt continue the petitioner’s lease contract in relation to Train No.2903/04 till new contractor comes in. 3] It appears that the Railway Authority had decided to award new contract to respondent no.3 and because of that, letter dated 15 th July, 2011 was issued and petitioner’s contract was discontinued. However, respondent no.3 through his lawyer has stated before us that respondent no.3 is not interested in taking new lease contract. The learned counsel appearing for the Railway also confirms that. As pursuant to the tender process initiated, as respondent no.3 was successful tenderer, he was awarded the contract, however, he is unwilling to take the work. In terms of order passed by this Court dated 28 th October, 2010, the Railway will have to continue the petitioner till they award the contract to somebody else. 4] In this view of the matter, therefore, respondent nos.1 and 2 are directed to continue the petitioner’s contract in respect of Train No. 2903/04 till new lease contract is awarded. Rule is made absolute accordingly. [R.G.KETKAR, J.] [D.K.DESHMUKH, J.]