Disposed

Lava International Ltd. v. M/S Tukai Tours

Delhi HC7 Apr 2026ARB.P./587/2026

Case brief

AI extract

What is this about?

Petition seeking appointment of an arbitrator for payment disputes with a tour operator. The court found the Purchase Order's arbitration clause did not cover the tour agreement and permitted withdrawal with liberty to pursue other remedies; petition disposed of as withdrawn.

What did the court decide?

Permission to withdraw petition with liberty to seek remedies available under law; petition disposed of as withdrawn along with pending applications.

Lava International Ltd. Vs M/S Tukai Tours — Arbitration | Delhi HC (2026)

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$~29

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 587/2026

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LAVA INTERNATIONAL LTD .....Petitioner

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Through: Mr. Pradeep Bhardwaj, Advocate

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versus

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M/S TUKAI TOURS .....Respondent Through:

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CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R % 07.04.2026

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The Petitioner has approached this Court by filing the present petition seeking appointment of an Arbitrator to adjudicate the disputes which have arisen between the parties.

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The facts of the case reveal that the Respondent approached the Petitioner and represented that he possess expertise and infrastructure to organize a large scale international group tour to Thailand for Petitioner’s retailers and business partners.

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The Petitioner issued a Purchase Order on 06.11.2025 in favour of the Respondent for organizing the said tour. Disputes have arisen between the parties regarding payment.

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It is the case of the Petitioner that the disputes arising out of the Purchase Order will be settled by arbitration and that Courts at Delhi will have exclusive jurisdiction. This Court has gone through the Purchase Order.

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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 13/04/2026 at 11:08:37

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The General Terms and Conditions of the Purchase Order deals with supply of supervision, labour, parts, materials, transportation and warranties necessary in respect of the Purchase Order. It appears that the Purchase Order which is generally used by the Petitioner for its vendors has been used for this contract also.

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In the present case, the disputes primarily concerns with an agreement under which the Respondent, a tour operator, has entered into the contract for organizing a tour which has nothing to do with the terms and conditions of the Purchase Order and therefore the arbitration agreement will not cover the present dispute.

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Confronted with this, learned Counsel for the Petitioner seeks permission to withdraw the present petition with liberty to seek remedies as available to the Petitioner under law.

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Permission and liberty, as sought for, is granted.

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It is made clear that all the observations made in this order deals with the issue as to whether an arbitrator can be appointed and this Court has not made any observation on the merits of the case.

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It is always open for the Petitioner to take appropriate steps in accordance with law and seek appropriate remedies for adjudicating the disputes with the Respondent.

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The petition is disposed of as withdrawn along with pending application(s), if any.

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SUBRAMONIUM PRASAD, J

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APRIL 07, 2026 hsk

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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 13/04/2026 at 11:08:37

Lava International Ltd. v. M/S Tukai Tours

Case brief

What is this about?

What did the court decide?

Lava International Ltd. v. M/S Tukai Tours

Case brief

What is this about?

What did the court decide?

What the court decided

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