M/S Doons Caterers Vs Indian Railway Catering and Tourism Corporation Ltd. & Ors. — Delhi HC (2025) — LawSathi Research

M/S Doons Caterers Vs Indian Railway Catering and Tourism Corporation Ltd. & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of and directed to be treated as an application under Section 17 of the A&C Act before the Sole Arbitrator appointed through ARB. P. 796/2024; petitioner granted liberty to urge all contentions/reliefs before the Arbitral Tribunal; interim directions of the order dated 31.05.2024 to continue until the Arbitrator takes up the application.

Issue for consideration

Whether, with the Arbitral Tribunal already constituted (via ARB. P. 796/2024), the Section 9 interim petition should be disposed of by treating it as an application under Section 17 of the A&C Act before the Arbitral Tribunal, with the existing interim directions continuing until the Tribunal takes up the application.

Ratio / Principle

Since the disputes have been referred to the Sole Arbitrator by way of ARB. P. 796/2024, the present petition is disposed of with the direction that the petition itself be treated as an application under Section 17 of the A&C Act, with liberty for the petitioner to urge all its contentions and reliefs before the Arbitral Tribunal.

Key takeaways

The interim directions contained in the order dated 31.05.2024 shall continue until the application is taken up by the Arbitrator, whereafter the parties shall be at liberty to seek continuation, confirmation, modification or vacation of the same before the Arbitral Tribunal.ratio¶18

Detailed headnote1 paragraphs

Interim relief - Arbitration & Conciliation Act, 1996, Ss. 9 and 17 - conversion of pre-institution interim petition upon constitution of tribunal. M/s Doons Caterers filed a Section 9 A&C Act petition (O.M.P.(I)(COMM.) 187/2024) in the High Court of Delhi seeking interim directions concerning disputes arising from an impugned demand notice dated 21.08.2023 and an impugned email dated 20.05.2024 vis-a-vis Indian Railway Catering and Tourism Corporation Ltd & Ors. As arbitration had already been invoked and, vide ARB. P. 796/2024, the Court had appointed Ms. Justice Mukta Gupta, Former Judge of the Court, the Court disposed of the Section 9 petition with the direction that it be treated as an application under Section 17 of the A&C Act, granting liberty to urge all contentions before the Arbitral Tribunal. The interim directions contained in the Court's order dated 31.05.2024 were directed to continue until the application is taken up by the Arbitrator, after which the parties may seek their continuation, confirmation, modification or vacation before the Tribunal. (Manoj Kumar Ohri, J., 06.02.2025)

$~16

IN THE HIGH COURT OF DELHI AT NEW DELHI

- O.M.P.(I) (COMM.) 187/2024

M/S DOONS CATERERS .....Petitioner

Through: Mr. Prem Kandpal and Mr. Atharav Prabhakar, Advocates.

versus

INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD & ORS. .....Respondents Through: M.r Saurav Agrawal, Mr. Anshuman Chowdhary, Mr. Ajay Sharma, Ms. Prachi Dubey and Mr. Harsh Khabar, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 06.02.2025

Matter has been taken up today as 05.02.2025 was declared a holiday on account of State Assembly Election in Delhi.

By way of present petition filed under Section 9 of the Arbitration & Conciliation Act, 1996 (hereinafter, referred to as the ‘A&C Act’), the petitioner seeks interim directions with reference to disputes that have arisen between the parties in the context of the impugned demand notice dated 21.08.2023 and the impugned email dated 20.05.2024.

At this stage, it is informed that on the petitioner invoking arbitration, this Court had already appointed Ms. Justice Mukta Gupta, Former Judge of this Court in the proceedings filed by the petitioner by way of ARB. P. 796/2024.

Ld. Counsel for the petitioner submits that the Arbitral Tribunal

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 17:31:35

having been constituted, the present petition itself be directed to be treated as an application under Section 17 of the A&C Act. It is further submitted that the petitioner be granted to liberty to urge all his contentions/reliefs before the Ld. Arbitral Tribunal.

Ld. Counsel for the respondents also acknowledges the same and submits that the respondents have no objection to the aforesaid prayer. 6. Accordingly, the disputes having been referred to the Ld. Sole Arbitrator by way of ARB. P. 796/2024, the present petition is disposed of with the direction that the petition itself be treated as an application under Section 17 of the A&C Act.

In the meantime, the interim directions contained in the order dated 31.05.2024 shall continue till the application is taken up by the Ld. Arbitrator. Thereafter, the parties shall be at liberty to seek continuation, confirmation, modification or vacation of the same before the Ld. Arbitral Tribunal.

MANOJ KUMAR OHRI, J

FEBRUARY 6, 2025 ga

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 17:31:35