O.M.P.(I) (COMM.) 439/2026 $~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010457482026 + O.M.P.(I) (COMM.) 439/2026 NIMS VODA PVT LTD .....Petitioner Through: Mr. Kharanshu Rana, Ms. Akshara Popli, Ms. Aardhi Malik, Mr. Arjun Malik, Advs. versus INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED (IRCTC) .....Respondent Through: Ms. Rashmi Malhotra and Mr. Tanya Yadav, Advs. CORAM: HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT(ORAL) % 24.09.2026 1. Both parties, by consent waive their contractual and formal procedures under the Arbitration and Conciliation Act, 19961 and agree for the appointment of a Sole Arbitrator. 2. In view of the parties’ mutual consent to refer the dispute forming the subject matter of the present proceedings to the arbitration, this Court considers it appropriate that the commencement of the arbitral proceedings should not be delayed. 3. Accordingly, in the interest of justice an arbitrator is appointed to adjudicate the disputes arisen between the parties. 1 “Act” hereinafter Signed By:PRAGYA ARORA Signing Date:25.09.2026 11:51:29 Signature Not Verified O.M.P.(I) (COMM.) 439/2026 4. Parties mutually agree to appoint Mr. Harish Chandra, Executive Director-Finance as the Sole Arbitrator. 5. Accordingly, Mr. Harish Chandra, Executive Director- Finance, (Mob. No. 9871371540) is appointed as a learned Sole Arbitrator to adjudicate the disputes arisen between the parties. The learned Sole Arbitrator shall enter upon the reference within one week from today. 6. The learned Sole Arbitrator will proceed to the arbitration proceedings subject to furnishing requisite disclosures as required under Section 12(2) of the Act within two weeks of entering reference. 7. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC. 8. It shall be open to the parties to raise all pleas, including objection as to arbitrability and jurisdiction, before the learned Sole Arbitrator who shall decide the same in accordance with law. 9. It is clarified that the observations made herein are only for the purpose of deciding the present petition under Section 11(6) of the Act. The learned Sole Arbitrator shall adjudicate the disputes independently and on their own merits, uninfluenced by any observations contained in the present order. 10. The Registry is directed to send a receipt of this order to Mr. Harish Chandra, learned Arbitrator through all permissible modes Signed By:PRAGYA ARORA Signing Date:25.09.2026 11:51:29 Signature Not Verified O.M.P.(I) (COMM.) 439/2026 including email. 11. Accordingly, the present petition filed under Section 9 of the Act shall stand treated as an application under Section 17 of the Act, and same shall be considered as decided by the learned Sole Arbitrator upon entering into the reference. 12. Accordingly, the present petition along with pending application, if any, is disposed of. OM PRAKASH SHUKLA, J SEPTEMBER 24, 2026/at Signed By:PRAGYA ARORA Signing Date:25.09.2026 11:51:29