M/S Syed Ahmad Hussain and Sons Vs General Manager, Northern Railways & Anr.

$~6-7&9-16

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+	ARB.P. 674/2025 M/S SYED AHMAD HUSSA	IN AND SONS .....Petitioner
	Through: versus GENERAL MANAGER, NO	Mr. Tamim Qadri and Mohd Shakib, Adv. RTHERN RAILWAYS & ANR. .....Respondent
	Through:	Ms. Arunima Dwivedi, CGSC
7 +	ARB.P. 675/2025 LAKSAR RAILWAY STATI SAHKARI SAMITI LTD. LA	ON VIKTRATA AIVAM UPBHOKTA KSAR .....Petitioner
	Through: versus GENERAL MANAGER, NO	Mr. Tamim Qadri and Mohd Shakib, Adv. RTHERN RAILWAYS & ANR. .....Respondent
	Through:	Ms. Arunima Dwivedi, CGSC
9
+	ARB.P. 764/2025 FAZAL HAQ AND SONS	.....Petitioner
	Through: versus GENERAL MANAGER NOR	Mr. Tamim Qadri and Mohd Shakib, Adv. THERN RAILWAYS & ANR. .....Respondent
	Through:	Ms. Arunima Dwivedi, CGSC
10
+	ARB.P. 765/2025 M/S MANOHAR LAL KAIL Through: Mr. S Siris versus GENERAL MANAGER & A	ASH CHAND .....Petitioner Mr. Tamim Qadri and Mohd Shakib, Adv. h Kumar, Adv NR. .....Respondent
	Through:	Ms. Arunima Dwivedi, CGSC
11
+	ARB.P. 778/2025
	M/S SURINDER AND CO.	.....Petitioner
	Through: versus GENERAL MANAGER NOR	Mr. Tamim Qadri and Mohd Shakib, Adv. THERN RAILWAYS & ANR. .....Respondent

¶4

This is a digitally signed order.

¶5

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 21/08/2025 at 12:16:18

¶6

Through: Ms. Arunima Dwivedi, CGSC

¶7

12

¶8

- ARB.P. 780/2025 M/S PAUL AND CO. .....Petitioner Through: Mr. Tamim Qadri and Mohd Shakib, Adv. versus

¶9

GENERAL MANAGER NORTHERN RAILWAYS & ANR. .....Respondent Through: Ms. Arunima Dwivedi, CGSC

¶10

13 + ARB.P. 781/2025 M/S GURDIT SINGH AND JAGJIT SINGHN .....Petitioner Through: Mr. Tamim Qadri and Mohd Shakib, Adv. versus

¶11

GENERAL MANAGER NORTHERN RAILWAYS & ANR. .....Respondent Through: Ms. Arunima Dwivedi, CGSC

¶12

14 + ARB.P. 830/2025 SHEIKH NANHEY AND SONS .....Petitioner Through: Mr. Tamim Qadri and Mohd Shakib, Adv. versus

¶13

GENERAL MANAGER NORTHERN RAILWAYS & ANR. .....Respondent Through: Ms. Arunima Dwivedi, CGSC

¶14

15 + ARB.P. 958/2025 M/S ANWARUL BEGUM .....Petitioner Through: Mr. Tamim Qadri and Mohd Shakib, Adv. versus

¶15

GENERAL MANAGER NORTHERN RAILWAYS & ANR. .....Respondent Through: Ms. Arunima Dwivedi, CGSC

¶16

16 + ARB.P. 959/2025 M/S ANWARUL BEGUM .....Petitioner Through: Mr. Tamim Qadri and Mohd Shakib, Adv. versus

¶17

GENERAL MANAGER, NORTHERN RAILWAYS & ANR. .....Respondent Through: Ms. Arunima Dwivedi, CGSC

¶18

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 21/08/2025 at 12:16:18

¶19

%

¶20

CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R 08.08.2025

¶21

These are petitions filed under section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator to adjudicate the disputes between the parties.

¶22

2. The petitioner has been granted license to work as a fruit vendor at Bareilly Railway Station. There is a License Agreement dated 14.12.2012 between the parties. The said Agreements contain arbitration clause being Clause No. 39 in all petitions except in ARB.P. 780/2025 which contains arbitration clause being clause 42. Clause 39 reads as under:-

¶23

“39. All questions disputes and/or difference arising under or connection with this agreement or in any way touching or relating to or concerning the construction, meaning or effect to the persons (except as to matters the decision whereof is otherwise herein before expressly provided for) shall be referred to the sole arbitration of the General Manager, Northern Railway, for the Line being, in case his designation is changed or his office is abolished to the sole arbitration or the officer who for the time being is entrusted whether or not in addition to other function, with the functions of the General Manager, Northern Railway, by whatever designation such officer may be called (hereinafter referred to as the said officer) and if the General Manage time being of the Northern Railway or the said officer is unable or unwilling to act, to the sole arbitration of some other person appointed by the General Manager of the said officer. It will be no objection to any such appointment that the arbitrator so appointed as a Government Servant that he had to deal with the matters to which this agreement relates and that in the course of his duties as such Government Servant he has expressed view on all or any of The matters in dispute or difference. The award of the arbitrator so appointed shall be final and binding on the parties hereto.”

¶24

This is a digitally signed order.

¶25

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 21/08/2025 at 12:16:18

¶26

Since there were disputes between the parties, the petitioner invoked arbitration vide Legal Notice dated 05.03.2025 and thereafter filed the present petitions.

¶27

Ms. Dwivedi, learned CGSC has instructions to appear in item Nos. 6, 7, 9, 11, 12 and 13 and has no objection to appointment of an Arbitrator as long as all rights and claims of the respondent including maintainability are left open.

¶28

Since Ms. Dwivedi, learned CGSC is appearing in connected matters, she has been asked to appear in other matters as well.

¶29

For the said reasons, I am satisfied that there are disputes between the parties which need to be adjudicated through the arbitral mechanism. In this view of the matter, the petitions are allowed and the following directions are issued:-

¶30

i) Mr. Akhil Sachar, Advocate (Mob. No. 9891105069) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

¶31

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’).

¶32

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

¶33

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

¶34

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.

¶35

vi) The parties shall approach the learned Arbitrator within two

¶36

This is a digitally signed order.

¶37

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 21/08/2025 at 12:16:18

¶38

weeks from today.

¶39

The petitions are disposed of in the aforesaid terms.

¶40

JASMEET SINGH, J

¶41

AUGUST 8, 2025/PK

¶42

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 21/08/2025 at 12:16:18

M/S Syed Ahmad Hussain and Sons v. General Manager, Northern Railways & Anr.

Case brief

What is this about?

What did the court decide?

M/S Syed Ahmad Hussain and Sons v. General Manager, Northern Railways & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

M/S Well Protect Manpower Services Pvt. Ltd. Vs Guru Teg Bahadur Hospital

Sarvesh Security Services Pvt. Ltd. Vs Office of the Honble Principal Judge (Hqs) Family Courts Dwarka

Kruti Technoengineering Pvt. Ltd. Vs Dhani Loans and Service Ltd.

Ms Era Infra Engineering Limited Vs Airport Authority of India

Abb India Limited Vs Madhyanchal Vidyut Vitran Nigam Limited

Ats Infrastructure Ltd. and Anr. Vs Rasbehari Traders