Nims Voda Pvt Ltd vs Indian Railway Catering And Tourism Corporation Limited (IRCTC)

Both parties, by consent waive their contractual and formal procedures under the Arbitration and Conciliation Act, 1996^{11.“Act” hereinafter} and agree for the appointment of a Sole Arbitrator.

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.

Accordingly, in the interest of justice an arbitrator is appointed to adjudicate the disputes arisen between the parties.

Parties mutually agree to appoint Mr. Harish Chandra, Executive Director-Finance as the Sole Arbitrator.

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.

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.

The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.

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.

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.

The Registry is directed to send a receipt of this order to Mr. Harish Chandra, learned Arbitrator through all permissible modes including email.

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.

Accordingly, the present petition along with pending application, if any, is disposed of.