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

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 398/2025 M/S KMA CATERERS .....Petitioner Through:

Mr. Akshat Bajpai, Mr. Shobhit Trehana and Ms. Vedika Dalmia, Advocates.

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

Mr. Jitendra Kumar Singh, Ms. Anjali Kumari, Ms. Harshita Singh and Ms. Shivpriya, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 19.05.2025 I.A. 12720/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

O.M.P.(MISC.)(COMM.) 398/2025 3.

This petition is filed on behalf of the Petitioner under Section 29A(5) of the Arbitration and Conciliation Act, 1996 ('1996 Act') seeking extension of the mandate of the learned Arbitrator by a period of six months. 4.

Disputes arose between the parties in relation to a license awarded on 29.07.2016 to the Petitioner to operate a food plaza at Patliputra Railway Station. Petitioner invoked the arbitration clause but on failure of the Respondent to act in terms of the notice filed ARB. P. No. 765/2022 for O.M.P.(MISC.)(COMM.) 398/2025 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 01/07/2025 at 16:28:31

appointment of an Arbitrator which was allowed on 31.10.2022 and Sole Arbitrator was appointed whereafter the Arbitrator entered upon reference and proceedings commenced and continued. It is stated in the petition that the arbitral proceedings are at the stage of final arguments and mandate having expired on 10.05.2022, the same be extended for six months. 5.

Issue notice.

6.

Mr. Jitendra Kumar Singh, learned counsel for the Respondent accepts notice and on instructions, submits that Respondent has no objection to the extension of mandate of the learned Arbitrator. 7.

Accordingly, with the consent of the parties, mandate of the learned Arbitrator is extended by a period of six months from 11.05.2025. 8.

Petition is allowed and disposed of in the aforesaid terms. JYOTI SINGH, J MAY 19, 2025/RW/Shivam O.M.P.(MISC.)(COMM.) 398/2025 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 01/07/2025 at 16:28:31