M/S R K Food Products v. Indian Railway Catering And Tourism Corporation Limited

$~68 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 680/2025 M/S R K FOOD PRODUCTS .....Petitioner Through:

Mr. Jitendra Mehta, Mr. Lalit Kumar, Mr. Abhinav Kumar, Mr. Shivam, Advs.

versus INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED .....Respondent Through:

Ms. Manisha Singh, Adv.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 02.05.2025 I.A. 10971/2025 Exemption allowed, subject to all just exceptions. The application is disposed of.

ARB.P. 680/2025 1.

This is a petition filed u/s 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator arising out of 2 letters of awards dated 04.11.2019.

2.

The arbitration clause is Clause 5 of the tender document. 3.

Since there were disputes between the parties, the petitioner invoked arbitration vide legal notice dated 24.04.2024. 4.

For the said reasons, issue notice. Ms. Singh, learned counsel for the respondent accepts notice and has no objection to the appointment of an arbitrator.

5.

I am of the view that there are disputes between the parties which need to be resolved through the arbitral mechanism. 6.

For the said reasons, the petition is allowed with the following terms 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 30/06/2025 at 23:43:59

and conditions:

i) Ms. Kanika Singh, Advocate (Mob. No. 9654847544) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

ii) The arbitration will be held under the aegis and rules of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the 'DIAC').

iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018.

iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.

v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator.

vi) The parties shall approach the learned Arbitrator within two weeks from today.

7.

The present petition is disposed of in the aforesaid terms. JASMEET SINGH, J MAY 2, 2025/DM Click here to check corrigendum, if any 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 30/06/2025 at 23:43:59