$~O-2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 2148/2024 M/S EXPRESS FOOD SERVICES .....Petitioner Through: Mr.Akshat Bajpai, Mr. Shobhit Trehan, Ms. Renuka Parmanand, Ms.Manisha Mehra and Ms.Vedika Dalmia, Advocates. versus INDIAN RAILWAY CATERING AND TOURISM CORPORATION (IRCTC) .....Respondent Through: Mr.Harshit Agarwal, Advocate. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 15.01.2025 1. Learned counsel appearing on behalf of the respondent on instructions submits that the respondent do not have any objection in appointment of an Arbitrator to adjudicate the dispute which has arisen pursuant to the Agreement for License for Setting Up, Operation and Management of IRCTC Hospitality Hub at Ayodhya Dham (AY) Railway Station dated 16.05.2024. 2. The Court has perused Clause 6 of the aforesaid agreement which contains the Arbitration Clause, which reads as under:- “6.0 ARBITRATION a. In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract or the respective right 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 24/01/2025 at 15:06:50 and liability of the parties on any matter in question, with reference to the contract, the Parties agree to use their best efforts to attempt to resolve all disputes in prompt, equitable and good faith. In the event the Parties are unable to do so, such party may submit demand in writing for reference of dispute to arbitration as prescribed herein. b. The demand for arbitration shall specify the matters which are in question, or subject of dispute or differences as also the amount of claim item wise. c. Only such dispute or differences, in respect of which the demand has been made, together with counter claims or setoff given by IRCTC shall be referred to arbitration and other matters shall not included in the reference. d. In the event of demand made as mention herein above, such dispute or difference arising under any of these conditions or in connection with this contract (except as to any matters the decision of which is specially provided by these or the special conditions) shall be referred to Sole Arbitrator, from the panel of Arbitrators, by Chairman and Managing Director of IRCTC. The award of arbitrator shall be final and binding on the parties to this contract. The venue of the Arbitration shall be at New Delhi. The fees and expenses of the Arbitration tribunal and all other expenses of the Arbitration shall be as stipulated in circular dated 18.10.2019 or amended from time to time and be borne jointly by the Parties in equal proportion subject to determination by the Arbitration tribunal. The circular dated 18.10.2019 is at Annexure-I.” 3. The dispute has arisen on account of alleged non-payment of invoices for a total amount of Rs.1,08,55,728/- for services provided during the accommodation period. 4. In view of aforesaid, the Court appoints Mr. Anil Kaushik, Advocate (Mobile No.+91 9810414419, Email Id: anil.kaushik2000@gmail.com) as the Sole Arbitrator to adjudicate the dispute between the parties. 5. The Sole Arbitrator may proceed with the arbitration proceedings, subject to furnishing to the parties, requisite disclosures as required under Section 12 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as “A&C Act”). 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 24/01/2025 at 15:06:50 6. The Sole Arbitrator shall be entitled to fee in accordance with the IVth Schedule of the A&C Act; or as may otherwise be agreed to between the parties and the learned Sole Arbitrator. 7. The parties shall share the arbitrator's fee and arbitral cost, equally. 8. All rights and contentions of the parties in relation to the claims/counter claims are kept open, to be decided by the Sole Arbitrator on their merits, in accordance with law. 9. Needless to say, nothing in this order shall be construed as an expression of opinion of this Court on the merits of the controversy between the parties. All rights and contentions of the parties in this regard are reserved. Let the copy of the said order be sent to the newly appointed Arbitrator through the electronic mode as well. 10. Accordingly, the instant petition stands disposed of. PURUSHAINDRA KUMAR KAURAV, J JANUARY 15, 2025 Nc/mjo 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 24/01/2025 at 15:06:50