ARB.P. 1402/2026 and connected matters $~31 to 39 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010374802026 + ARB.P. 1402/2026 M/S DEEPAK AND CO .....Petitioner Through: Mr. Himanshu Pathak, Mr. Mohit Gupta and Mr. Kunal Rai, Advocates. versus INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED .....Respondent Through: Ms. Aishwarya Singh, Advocate. 32 # CNR No. DLHC010374822026 + ARB.P. 1403/2026 M/S DEEPAK AND CO .....Petitioner Through: Mr. Himanshu Pathak, Mr. Mohit Gupta and Mr. Kunal Rai, Advocates. versus INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED .....Respondent Through: Ms. Aishwarya Singh, Advocate. 33 # CNR No. DLHC010374832026 + ARB.P. 1404/2026 M/S DEEPAK AND CO .....Petitioner Through: Mr. Himanshu Pathak, Mr. Mohit Gupta and Mr. Kunal Rai, Advocates. versus 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 28/09/2026 at 13:59:59 ARB.P. 1402/2026 and connected matters INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED .....Respondent Through: Ms. Aishwarya Singh, Advocate. 34 # CNR No. DLHC010374842026 + ARB.P. 1405/2026 M/S DEEPAK AND CO .....Petitioner Through: Mr. Himanshu Pathak, Mr. Mohit Gupta and Mr. Kunal Rai, Advocates. versus INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED .....Respondent Through: Ms. Aishwarya Singh, Advocate. 35 # CNR No. DLHC010374852026 + ARB.P. 1406/2026 M/S DEEPAK AND CO .....Petitioner Through: Mr. Himanshu Pathak, Mr. Mohit Gupta and Mr. Kunal Rai, Advocates. versus INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED .....Respondent Through: Ms. Aishwarya Singh, Advocate. 36 # CNR No. DLHC010374862026 + ARB.P. 1407/2026 M/S DEEPAK AND CO .....Petitioner Through: Mr. Himanshu Pathak, Mr. Mohit Gupta and Mr. Kunal Rai, Advocates. versus 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 28/09/2026 at 13:59:59 ARB.P. 1402/2026 and connected matters INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED .....Respondent Through: Ms. Aishwarya Singh, Advocate. 37 # CNR No. DLHC010374872026 + ARB.P. 1408/2026 M/S DEEPAK AND CO .....Petitioner Through: Mr. Himanshu Pathak, Mr. Mohit Gupta and Mr. Kunal Rai, Advocates. versus INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED .....Respondent Through: Ms. Aishwarya Singh, Advocate. 38 # CNR No. DLHC010374892026 + ARB.P. 1409/2026 M/S DEEPAK AND CO .....Petitioner Through: Mr. Himanshu Pathak, Mr. Mohit Gupta and Mr. Kunal Rai, Advocates. versus INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED .....Respondent Through: Ms. Aishwarya Singh, Advocate. 39 # CNR No. DLHC010375372026 + ARB.P. 1416/2026 M/S DEEPAK AND CO .....Petitioner Through: Mr. Himanshu Pathak, Mr. Mohit Gupta and Mr. Kunal Rai, Advocates. 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 28/09/2026 at 13:59:59 ARB.P. 1402/2026 and connected matters versus INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED .....Respondent Through: Ms. Aishwarya Singh, Advocate. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 21.09.2026 I.A. 21915/2026 in ARB.P. 1402/2026, I.A. 21919/2026 in ARB.P. 1403/2026, I.A. 21921/2026 in ARB.P. 1404/2026, I.A. 21922/2026 in ARB.P. 1405/2026, I.A. 21923/2026 in ARB.P. 1406/2026, I.A. 21925/2026 in ARB.P. 1407/2026, I.A. 21926/2026 in ARB.P. 1408/2026, I.A. 21927/2026 in ARB.P. 1409/2026 and I.A. 21972/2026 in ARB.P. 1416/2026 1. Allowed, subject to all just exceptions. 2. Applications stand disposed of. ARB.P. 1402/2026, ARB.P. 1403/2026, ARB.P. 1404/2026, ARB.P. 1405/2026, ARB.P. 1406/2026, ARB.P. 1407/2026, ARB.P. 1408/2026, ARB.P. 1409/2026 and ARB.P. 1416/2026 3. These petitions are filed on behalf of the Petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘1996 Act’) seeking appointment of a Sole Arbitrator to adjudicate the disputes between the parties. 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 28/09/2026 at 13:59:59 ARB.P. 1402/2026 and connected matters 4. The disputes which are subject matter of these petitions arise from contracts awarded to the Petitioner by the Respondent for providing on- board catering services and the requisite details are as follows:- S. No. Case Nos. Train Nos. Dates of Letters of Award Dates of Notices invoking arbitration 1. ARB.P. 1402/2026 Train No. 22489-90 and Train No. 02269- 70 29.08.2024 with respect to Train no. 22489-90 and 24.10.2024 with respect to Train No. 02269-70 09.03.2026 2. ARB.P. 1403/2026 Train No. 20825-26 08.12.2022 09.03.2026 3. ARB.P. 1404/2026 Train No. 12213-14 04.07.2023 and 10.07.2024 09.03.2026 4. ARB.P. 1405/2026 Train No. 20703-04 11.06.2024 and 29.11.2024 09.03.2026 5. ARB.P. 1406/2026 Train No. 12269-70 11.06.2024 09.03.2026 6. ARB.P. 1407/2026 Train No. 20707-08 11.03.2024 and 10.07.2024 09.03.2026 7. ARB.P. 1408/2026 Train No. 20833-34 11.07.2024 09.03.2026 8. ARB.P. 1409/2026 Train No. 20701-02 16.05.2023 and 27.05.2024 09.03.2026 9. ARB.P. 1416/2026 Train No. 20829-30 12.09.2024 09.03.2026 5. Learned counsels for the parties are ad idem that the contracts in question contain an arbitration Clause 9.1, which envisages adjudication of any dispute or difference as to construction or operation of the contracts or the respective rights and liabilities of the parties on any matter in question by an Arbitrator. Relevant clause, which is common in all the contracts, is extracted hereunder, for ease of reference:- 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 28/09/2026 at 13:59:59 ARB.P. 1402/2026 and connected matters “9. ARBITRATION 9.1 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 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 parties hereto further agree to submit demand in writing that the dispute/differences be referred to arbitration along with format annexed hereto as Annexure-I. The demand for arbitration shall specified 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 of setoff given by IRCTC shall be referred to arbitration and other matters shall not included in the reference. 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 appointed 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 borne jointly by the Parties in equal proportion in terms of IRCTC circular dated 18.10.2019.” 6. Counsels for the parties jointly submit that the disputes be referred for adjudication to one Arbitrator in all the petitions albeit treating the same as separate references and mutually agree on appointment of Ms. Anita Sahani, Advocate as a Sole Arbitrator. Parties also agree for conduct of the arbitral proceedings under the aegis of Delhi International Arbitration Centre (‘DIAC’) with the fee of the Arbitrator being fixed as per the fee schedule 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 28/09/2026 at 13:59:59 ARB.P. 1402/2026 and connected matters under DIAC (Administrative Cost & Arbitrators’ Fees) Rules, 2018 (‘2018 Rules’). 7. With the consent of the parties, Ms. Anita Sahani, Advocate (Mobile No. 9810113256) is appointed as a Sole Arbitrator to adjudicate the disputes arising between the parties in all the petitions though these will be treated as separate references. Arbitral proceedings will be held under the aegis of DIAC. Fee of the Arbitrator shall be fixed as per fee schedule under 2018 Rules. 8. Learned Arbitrator shall give disclosure under Section 12 of the 1996 Act before entering upon reference. 9. It is made clear that this Court has not expressed any opinion on the merits of the case and all rights and contentions of the respective parties are left open. 10. It is left open to the Respondent to prefer a counter claim, if any, before the learned Arbitrator. 11. Petitions are disposed of in the aforesaid terms. JYOTI SINGH, J SEPTEMBER 21, 2026/YA 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 28/09/2026 at 13:59:59