Petition under Section 11(6) A&C Act seeking appointment of a Sole Arbitrator for disputes arising under an arbitration clause in a contract with IRCTC. With respondent consenting, disputes referred to arbitration before DIAC with Mr. Abhimanyu Singh appointed as Sole Arbitrator.
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M/S SOPAN RESTAURANT .....Petitioner Through: Mr.Akshat Bajpai, Mr.Shobhit, Ms.Manisha and Ms.Vedika, Advocates
versus
INDIAN RAILWAY CATERING AND TOURISM CORPORATION .....Respondent Through: Mr.Rajeev Kumar Ranjan, Advocate
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
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 17/02/2025 at 17:21:28
i) The disputes between the parties under the said agreement are referred to the Arbitral Tribunal.
ii) Mr. Abhimanyu Singh, Advocate (Mob.No. 9999918494) 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 A&C 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, are left open for adjudication by the learned arbitrator.
vi) The parties shall approach the learned Arbitrator within two weeks from today.
MANOJ KUMAR OHRI, J
FEBRUARY 7, 2025 na
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 17/02/2025 at 17:21:28
1 issue framed by the court
Whether an arbitral tribunal should be constituted to adjudicate disputes under the agreement between the parties.
4 provisions across 2 enactments
M/S Sopan Restaurant
Indian Railway Catering and Tourism Corporation
Manoj Kumar Ohri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
