[Cites 3, Cited by 0]
Delhi High Court
Brandavan Food Products vs Indian Railway Catering And Tourism ... on 13 February, 2026
$~33 & 34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 13.02.2026
+ O.M.P.(I) (COMM.) 63/2026 & I.A. 4106/2026 (Ex.)
BRANDAVAN FOOD PRODUCTS .....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
and Ms. Samayra Adlakha,
Advocates.
34
+ O.M.P.(I) (COMM.) 64/2026 & I.A. 4107/2026 (Ex.)
BRANDAVAN FOOD PRODUCTS .....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
and Ms. Samayra Adlakha,
Advocates.
CORAM:
HON'BLE MR. JUSTICE HARISH VAIDYANATHAN
SHANKAR
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
O.M.P.(I) (COMM.) 63/2026 & connected matter Page 1 of 5
BHATIA
Signing Date:16.02.2026
11:20:30
% JUDGEMENT (ORAL)
1. The Petitions, being O.M.P.(I) (COMM.) 63/2026, and
O.M.P.(I) (COMM.) 64/2026, filed under Section 9 of the Arbitration
and Conciliation Act, 1996 ("Act"), have been filed seeking the
following reliefs:
"a. Stay the operation and effect of the Demand Notice dated
14.11.2025 specifically to the extent that it demands payment of an
"additional license fee" and "additional license fee" and
"additional Security Deposit" on account of change in coach
composition;
b. Restrain Respondent from withholding, deducting, or adjusting
the Petitioner's catering service payments against the disputed
license fee, including additional license fee, claims or any other
amounts require timely payment of the same to the Petitioner;
c. Restrain Respondent from giving effect to any future claims of
enhanced license fee and/or additional security deposit on account
of increase in coach composition by withholding, deducting, or
adjusting Respondent's claim amount from the Petitioner's catering
service payments from train forming part of this contract or any
other contract;
d. Pass ex-parte ad-interim orders in terms of prayers (a) to (b)
above in favour of the Petitioner and against the Respondent."
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.
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
O.M.P.(I) (COMM.) 63/2026 & connected matter Page 2 of 5
BHATIA
Signing Date:16.02.2026
11:20:30
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.
4. Learned counsel for the Petitioner has, therefore, 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, this Court requests
Hon'ble Mr. Justice (Retd.) Rajiv Shakdher, former Chief Justice
of Himachal Pradesh High Court (Mobile No. ) to enter
into the reference 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
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
O.M.P.(I) (COMM.) 63/2026 & connected matter Page 3 of 5
BHATIA
Signing Date:16.02.2026
11:20:30
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
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.
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
O.M.P.(I) (COMM.) 63/2026 & connected matter Page 4 of 5
BHATIA
Signing Date:16.02.2026
11:20:30
19. A photocopy of this Order be placed in the connected matter.
HARISH VAIDYANATHAN SHANKAR, J.
FEBRUARY 13, 2026/nd/va
