[Cites 3, Cited by 0]
Delhi High Court
Rk Associates And Hoteliers Pvt Ltd vs Indian Railway Catering And Tourism ... on 12 February, 2026
$~32 & 36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 12.02.2026
+ O.M.P.(I) (COMM.) 54/2026, I.A. 3698/2026 (Seeking
permission to file lengthy synopsis and list of dates) & I.A.
3699/2026 (Ex.)
RK ASSOCIATES AND HOTELIERS PVT LTD .....Petitioner
Through: Mr Dayan Krishnan, Senior
Advocate with Mr. Vijay
Kaundal, Mr. Nitish Kant
Sharma, Ms. Mehak Khurana,
Mr. Shashank Mishra and Ms.
Radhika, Advocates
versus
INDIAN RAILWAY CATERING AND TOURISM
CORPORATION LTD. .....Respondent
Through: Mr. Saurav Agrawal, Ms. Kiran
Devrani, Mr. Anshuman
Chowdhury, Mr. Parmeet Singh
and Ms. Samayra Adlakha,
Advocates
36
+ O.M.P.(I) (COMM.) 58/2026, I.A. 3712/2026 (Seeking
permission to file lengthy synopsis and list of dates) & I.A.
3713/2026 (Ex.)
RK ASSOCIATES AND HOTELIERS PRIVATE LIMITED
.....Petitioner
Through: Mr. Vijay Kaundal, Mr. Nitish
Kant Sharma, Ms. Mehak
Khurana and Mr. Shashank
Mishra, Advocates
versus
INDIAN RAILWAY CATERING AND TOURISM
CORPORATION LTD. .....Respondent
Through: Mr. Saurav Agrawal, Ms. Kiran
Devrani, Mr. Anshuman
Chowdhury, Mr. Parmeet Singh
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
O.M.P.(I) (COMM.) 54/2026 & connected petition Page 1 of 4
BHATIA
Signing Date:13.02.2026
16:51:25
and Ms. Samayra Adlakha,
Advocates
CORAM:
HON'BLE MR. JUSTICE HARISH VAIDYANATHAN
SHANKAR
% JUDGEMENT (ORAL)
1. The Petitions, being O.M.P.(I) (COMM.) 54/2026, and
O.M.P.(I) (COMM.) 58/2026, filed under Section 9 of the Arbitration
and Conciliation Act, 1996 ("Act"), seek inter alia interim protection
in relation to the release of catering service payments, restraint against
any further withholding, deduction or adjustment of such payments on
account of disputed licence fee or related claims, and directions for
compliance with the contractual timelines for release of payments.
2. At the outset, learned counsel for the Petitioner fairly submits
that disputes relating to the demand of enhanced licence fee, the
consequential increase in security deposit, and the withholding/
adjustment of catering service payments between the parties are
already the subject matter of pending arbitral proceedings before
Hon'ble Mr. Justice Rajiv Shakdher (Retd.), learned Sole Arbitrator,
appointed vide order dated 24.11.2025 in O.M.P.(I) (COMM.)
483/2025. It is further submitted that the said arbitral proceedings are
listed before the learned Arbitrator on 14.02.2026.
3. Learned counsel for the Petitioner, however, contends that the
present petitions have been necessitated on account of an
apprehension that the Respondent is likely to make certain deductions.
According to the learned counsel for the Petitioner, if such deductions
are permitted to be carried out, the very purpose of filing the present
petitions seeking to interdict the same would be rendered otiose.
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
O.M.P.(I) (COMM.) 54/2026 & connected petition Page 2 of 4
BHATIA
Signing Date:13.02.2026
16:51:25
4. Learned counsel for the Petitioner has, therefore, strenuously
urged that the Court be pleased to exercise its jurisdiction under
Section 9 of the Act and pass orders protecting any such deductions
that they apprehend are likely to take place.
5. Per Contra, learned counsel for the Respondent submits that
since as disputes of the similar nature are pending between the parties
and are likely to be taken up on 14.02.2026 by the learned Sole
Arbitrator, the present petitions may also be treated as applications
under Section 17 of the Act and expeditiously be placed before the
learned Sole Arbitrator preferably on the same date or any date as
expeditiously as possible for the purpose of adjudication.
6. Having considered the submissions advanced by learned
counsel for the parties, this Court is of the view that the same is a
reasonable suggestion.
7. Accordingly, with the consent of the parties, Hon'ble Mr.
Justice (Retd.) Rajiv Shakdher, former Chief Justice of Himachal
Pradesh High Court (Mobile No. ), is appointed as the
Sole Arbitrator to adjudicate the instant disputes as well.
8. The arbitration shall take place under the aegis of the Delhi
International Arbitration Centre ["DIAC"] and will abide by its rules
and regulations.
9. The learned Arbitrator shall be entitled to fees as set out in the
Schedule of Fees maintained by the DIAC.
10. Learned counsel for the parties are directed to apprise the
learned Arbitrator of this Order forthwith.
11. Since Hon'ble Mr. Justice (Retd.) Rajiv Shakdher is already
in seisin of another proceedings between the parties, the requisite
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
O.M.P.(I) (COMM.) 54/2026 & connected petition Page 3 of 4
BHATIA
Signing Date:13.02.2026
16:51:25
disclosure under Section 12(2) of the Act is dispensed with.
12. The Registry is directed to send a receipt of this order to the
learned arbitrator through all permissible modes, including through e-
mail.
13. So far as the reliefs sought in these petitions are concerned, the
present petitions filed under Section 9 of the Act are directed to be
treated as applications under Section 17 of the Act. The Registry is
directed to forthwith transmit the records of these petitions to the
learned Sole Arbitrator, to be taken on record as applications under
Section 17, upon which appropriate orders may be passed in
accordance with law and in the facts and circumstances of the case.
14. All rights and contentions of the parties in relation to the
claims/counter-claims are kept open, to be decided by the learned
Arbitrator on their merits, in accordance with law.
15. 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.
16. The parties are at liberty to raise all objections, including with
respect to the jurisdiction of the Arbitrator, before the learned Arbitral
Tribunal.
17. Let a copy of this Order be transmitted to the DIAC for
necessary information and action.
18. Accordingly, the present petition, along with pending
application(s), if any, stands disposed of.
19. A photocopy of this Order be placed in the connected matter.
HARISH VAIDYANATHAN SHANKAR, J.
FEBRUARY 12, 2026/rk/her/jk
