Nims Voda Pvt Ltd v. Indian Railway Catering And Tourism Corporation Limited (Irctc)

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1749/2024 NIMS VODA PVT LTD .....Petitioner Through:

Mr. Dinesh Monga and Mr. Pranzal Jha, Advocates.

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

Mr. Ishan Dewan, Mr. V. Siddharth, Mr. Sanket Vashistha, Ms. Kirti Tehlan, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 12.02.2025 1.

By way of present petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the 'A&C Act'), the petitioner seeks constitution of an Arbitral Tribunal comprising of a Sole Arbitrator, to adjudicate the disputes between the parties. 2.

Learned counsel for the petitioner submits that the parties had entered into a Concession Agreement dated 16.11.2015, Clause 22 of which provides that disputes with respect to the Agreement shall be resolved through arbitration. It further provides that place of arbitration would be at Delhi.

3.

Disputes having arisen between the parties, petitioner invoked The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

arbitration vide notice dated 24.01.2024, issued to the respondent under Section 21 of the A&C Act.

4.

Learned counsel appearing for the respondent, on instructions, submits that the answering respondent has no objection to the matter being referred to the Arbitral Tribunal comprising of a Sole Arbitrator. 5.

Considering that both the parties have consented to the reference to the arbitral tribunal, the present petition is disposed of with the following directions:

i) The disputes between the parties under the said agreement are referred to the Arbitral Tribunal.

ii) Mr. Davinder Singh, Senior Advocate (Mob: 9810039326) is appointed as the sole Arbitrator to adjudicate the disputes between the parties.

iii) The arbitration will be held under the aegis of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi hereinafter, referred to as the 'DIAC'). The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018 or as the parties may agree. iv) The learned Arbitrator shall 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 on the existence and validity of the Arbitration agreement, arbitrability of any of the claim/counter claim, any other preliminary objection, need and legality of interim relief, as well as contentions on merits of the dispute by either of the parties including of limitation, are left open for adjudication by the learned arbitrator. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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

MANOJ KUMAR OHRI, J FEBRUARY 12, 2025/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.