Delhi High Court
O.M.P.(I) (COMM.)/353/2026 of EXPRESS FOOD SERVICES Vs INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED on 17 September 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010391422026 + O.M.P.(I) (COMM.) 353/2026 and IA No.22836/2026 EXPRESS FOOD SERVICES .....Petitioner Through: Mr. Neeraj Malhotra, Sr. Adv., Mr. Akshat Bajpai, Mr. Nimish Kumar, Mr. Shobhit Trehan, Ms. Vedika Dalmia and Ms. Jayashree Mishra, Advs.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
CNR No. DLHC010391422026
+
O.M.P.(I) (COMM.) 353/2026 and IA No.22836/2026
EXPRESS FOOD SERVICES
.....Petitioner
Through:
Mr. Neeraj Malhotra, Sr. Adv., Mr.
Akshat Bajpai, Mr. Nimish Kumar,
Mr. Shobhit Trehan, Ms. Vedika
Dalmia and Ms. Jayashree Mishra,
Advs.
versus
INDIAN RAILWAY CATERING AND TOURISM
CORPORATION LIMITED
.....Respondent
Through:
Mr. Tushar Mehta, SG, Mr. Saurav
Agarwal, Ms. Manisha Singh, Ms.
Kiran Devrani, Mr. Bhuvan Kapoor,
Ms. Raadhika Chawla, Ms. Anadi
Mishra, Mr. Kanav Khatana, Mr.
Ishan Aggarwal, Mr. Avinash Shukla
and Ms. Ojeswite Singh, Advs. for
IRCTC.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
%
17.09.2026
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O R D E R
1. The present petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (“A&C Act”) seeking certain interim measures of protection.
2. Vide order dated 21.08.2026 when the matter was taken up for the first time, learned counsel for the respondent undertook that no precipitative steps shall be taken till the next date of hearing.
3. It is emphasized on behalf of the respondent, that the Show Cause This is a digitally signed order. 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 19/09/2026 at 11:36:18
Notice (SCN) dated 27.04.2026 issued by the respondent has not yet been adjudicated. It is submitted during the course of hearing that the SCN shall be adjudicated only after affording a further opportunity of hearing to the petitioner and considering all the pleas raised by the petitioner. It is agreed that the petitioner would file its additional response to the SCN within a period of five days from today and a further opportunity of hearing shall be afforded to the petitioner immediately thereafter. As such, there is no occasion for this Court to pass any interim orders.
4. It is also noticed that an arbitral tribunal has already been constituted by this Court vide order dated 17.09.2026 passed in ARB.P 1664/2026.
5. Considering the circumstances, the present petition is disposed of with a direction that the same will be treated as an application under Section 17 of the A&C Act, to be considered by the learned Sole Arbitrator on its own merit. Necessarily also, the outcome of the adjudication of the aforesaid SCN dated 27.04.2026 shall also be placed before the learned Sole Arbitrator.
6. It is made clear that no interim order has been passed by this Court.
7. Both the parties would be at liberty to approach the learned Sole Arbitrator to request for an expeditious consideration of the matter.
SACHIN DATTA, J SEPTEMBER 17, 2026/cl
This is a digitally signed order. 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 19/09/2026 at 11:36:18