Indian Railway Catering And Tourism Corporation v. M/S Kapoor Tent And Caterers

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 351/2026 & I.A. 5032/2026 INDIAN RAILWAY CATERING AND TOURISM CORPORATION .....Petitioner Through:

Mr. Sunil Goyal, Ms. Shivani Tayal & Ms. Deepa Rathor, Advs.

versus M/S KAPOOR TENT AND CATERERS .....Respondent Through:

Mr. Akshat Bajpai, Mr. Shobhit Trehan, Mr. Atul Pandey, Ms. Renuka Parmanand, Ms. Vedika Dalmia & Ms. Jayashree Mishra, Advs. (through VC)

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

O R D E R

% 08.04.2026 1.

The present petition is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short „the Act‟) for appointment of an arbitrator. 2.

The brief facts are that the respondent was successful bidder in the tender invited by the petitioner for the "Operation, Maintenance and Provision of Catering Services In/Through Refreshment Rooms (Kitchen Unit)" On 04.08.2021, the petitioner issued the Letter of Award which was accepted by the respondent vide Letter of Acceptance dated 11.08.2021. Disputes arose between the parties to the lis. The petitioner on 07.01.2026 issued a notice under Section 21 of the Act and initiated arbitration proceedings. Clause 5.1 of the General Conditions of License of the Open EThe authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/04/2026 at 11:08:29

Tender Cum Auction Bid Document provides for arbitration clause. On failure to do the needful, the present petition was filed. 3.

Learned counsel for the respondent on instructions has no serious objection for referring the matter to arbitration. 4.

Accordingly, the petition is allowed by appointing Mr. Sandeep Khurana, Advocate (Mobile No. 9810118389) as the sole arbitrator for adjudication of the disputes which have arisen between the parties. 5.

Arbitral proceedings will be held under the aegis of Delhi International Arbitration Centre (DIAC). Fee of the Arbitrator shall be fixed as per fee schedule.

6.

Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act.

7.

It is made clear that since this Court has not expressed any opinion on the merits of the rival claims of the parties and it will be open for the parties to file their respective claims/counter claims before the learned Arbitrator which will be considered in accordance with law. 8.

A copy of this order be forwarded to the learned Arbitrator for information.

AVNEESH JHINGAN, J APRIL 8, 2026 'ha'

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/04/2026 at 11:08:29