Delhi High Court
ARB.P./1201/2026 of R AND K ASSOCIATES Vs INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED on 14 September 2026
1201/2026 Page 1 of 3 $~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010320792026 + ARB.P. 1201/2026 R AND K ASSOCIATES .....Petitioner Through: Mr. Akshat Bajpai, Mr. Shobhit Trehan, Ms. Vedika Dalmia, Mr. Atul Pandey, Ms. Jayashree Mishra, Advs. versus INDIAN RAILWAY CATERING AND
$~1
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
CNR No. DLHC010320792026
+
ARB.P. 1201/2026
R AND K ASSOCIATES
.....Petitioner
Through:
Mr. Akshat Bajpai, Mr. Shobhit
Trehan, Ms. Vedika Dalmia, Mr. Atul
Pandey, Ms. Jayashree Mishra, Advs.
versus
INDIAN
RAILWAY
CATERING
AND
TOURISM
CORPORATION LIMITED
.....Respondent
Through:
Mr. Hashmat Nabi, Mr. Toshif
Ahmed, Ms. Farah Naaz, Advs.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
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O R D E R
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14.09.2026
1. This is a petition under Section 11(6) of the Arbitration & Conciliation Act, 1996, seeking appointment of an Arbitrator for disputes which have arisen between the parties.
2. It is the case of the Petitioner that the Petitioner was awarded a license for renovation, operation, maintenance and transfer back of Retiring Rooms and Dormitories at Lucknow Railway Station on 23.12.2022.
3. Disputes arose between the parties regarding fixation of license fee cycle, incorrect determination of the commencement date of the second phase of the project, wrongful retrospective revision of licence fee on account of area deviation, and the illegal levy of penalty for alleged delayed payment of licence fee despite the Petitioner having already paid the entire licence fee before commencement of operations.
4. It is stated that Clause 6.0 of the General Conditions of License of the Tender contains an arbitration clause, under which both parties have decided to resolve their disputes through arbitration. The said clause provides that the venue of arbitration shall be at New Delhi.
5. It is the case of the Petitioner that they have attempted reconciliation and the same has failed leading to issuance of notice under Section 21 of the Arbitration & Conciliation Act, 1996, for invoking arbitration on 09.03.2026. It is stated that since there is no response from the Respondent, the Petitioner has filed the instant Petition for appointment of arbitrator.
6. Notice was issued in the Petition on 23.07.2026.
7. In view of the fact that disputes have arisen between the Parties and there is an arbitration clause, this Court is inclined to appoint an Arbitrator to adjudicate upon the disputes between the parties.
8. Accordingly, Mr. Abhilash Mathur, Advocate (Mob. No: 9811041536) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.
9. The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would abide by its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.
10. The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the Arbitration Act within two weeks of entering on reference.
11. All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.
12. Needless to say, nothing in this Order shall be construed as an expression of this Court on the merits of the contentions of the parties.
13. The Petition stands disposed of in the above terms, along with pending application(s), if any.
SUBRAMONIUM PRASAD, J SEPTEMBER 14, 2026 S. Zakir