Express Food Services v. Indian Raiwlay Catering and Tourism Corporation Limited

Delhi HC4 Jul 2025O.M.P.(MISC.)(COMM.)/397/2025

Case brief

AI extract

What is this about?

Section 29A(4) and (5) extension of arbitrator's mandate; Arbitration and Conciliation Act, 1996; Section 14(1); DIAC inaction and status enquiries; O.M.P.(MISC.)(COMM.) 397/2025; Express Food Services v. Indian Raiwlay Catering and Tourism Corporation Limited; Delhi High Court; Jyoti Singh, J; consent extension of mandate upto 31.12.2025; Statement of Defence within four weeks; disposed.

What did the court decide?

Mandate of the learned Arbitrator extended upto 31.12.2025 from today, with the consent of parties; the Respondent did not oppose the extension and undertook to file its Statement of Defence within four weeks. ¶¶20

Express Food Services Vs Indian Raiwlay Catering and Tourism… — Arbitration | Delhi HC (2025)

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$~10

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P.(MISC.)(COMM.) 397/2025

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EXPRESS FOOD SERVICES .....Petitioner Through: Mr. Akshat Bajpai, Mr. Shobhit Trehana and Ms. Vedika Dalmia, Advocates. versus

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INDIAN RAIWLAY CATERING AND TOURISM CORPORATION LIMITED .....Respondent Through: Mr. Harshit Agarwal, Advocate.

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CORAM:

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HON'BLE MS. JUSTICE JYOTI SINGH

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O R D E R

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% 04.07.2025

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This petition is filed on behalf of the Petitioner under Section 29A(4) and (5) of the Arbitration and Conciliation Act, 1996 (‘1996 Act’) for extension of mandate of the learned Arbitrator.

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As per narrative in the petition, Sole Arbitrator was appointed on 02.06.2022 by this Court in OMP (I) COMM. No. 179/2022. On 29.07.2022, instructions were sent by Delhi International Arbitration Centre (‘DIAC’) to the Petitioner to file Statement of Claim, which the Petitioner did on 03.06.2023. No further intimation was received from DIAC regarding status of the arbitration between September, 2023 to September, 2024. Petitioner sent an e-mail to DIAC on 09.09.2024 followed by another e-mail dated 21.09.2024 seeking status of arbitration and also enquiring about the steps that can be taken for replacement of the Arbitrator in case the appointed Arbitrator was not interested to continue with the arbitration.

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It is averred that no response was received from DIAC compelling the Petitioner to file a petition under Section 14(1) of 1996 Act on 30.01.2025,

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O.M.P.(MISC.)(COMM.) 397/2025

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Page 1 of 2

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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 16/07/2025 at 12:42:43

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which was withdrawn on 07.02.2025 as in the meantime communication was received from DIAC that the matter was listed for 17.02.2025. First hearing took place on 17.02.2025 followed by second hearing on 04.04.2025.

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Learned counsel for the Petitioner submits that the present petition has been filed for extension of mandate of the Arbitrator in light of the order passed by the Arbitrator on 04.04.2025 recording that no steps have been taken for seeking extension of time from the Court to obviate any objection on the ground that time for making and publishing the award has expired.

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Learned counsel for the Respondent submits that Statement of Defence will be filed within four weeks from today and does not oppose extension of the mandate of the learned Arbitrator.

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With the consent of the parties, mandate of the learned Arbitrator is extended upto 31.12.2025 from today.

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Petition is disposed of in the above terms.

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JYOTI SINGH, J

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JULY 04, 2025/ YA/RW

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O.M.P.(MISC.)(COMM.) 397/2025

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Page 2 of 2

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This is a digitally signed order.

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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 16/07/2025 at 12:42:43

Express Food Services v. Indian Raiwlay Catering and Tourism Corporation Limited

Case brief

What is this about?

What did the court decide?

Express Food Services v. Indian Raiwlay Catering and Tourism Corporation Limited

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

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