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2022 Supreme(Del) 1785

MINI PUSHKARNA
Kma Caterers – Appellant
Versus
Indian Railway Catering & Tourism Corporation (irctc), Through Its Chairman – Respondent


Advocates appeared:
Mr. Akshat Bajpai, Mrs. Ishanee Sharma, Mr. Rishabh Mishra & Mr. Shobhit Trehan, Advocates., for the Petitioner; Mr. Jitendra Kr. Singh, Ms. Anjali Kumari & Mr. Rudresh Tripathi, Advocates., for the Respondent

JUDGMENT

Mini Pushkarna, J. - The present petitions have been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter called 'The Act') for appointment of a sole arbitrator.

2. Petitioner herein deals in the business of catering and running food outlets/stalls across various railway stations in India. Respondent on the other hand is a Central Public Sector Enterprise under Ministry of Railways, Government of India and a company registered under the Companies Act, 1956 having its registered office at B-148, 11th Floor, Statesman House, Barakhamba Road, New Delhi-110001, providing ticketing, catering and tourism services to the Indian Railways.

3. In ARB. P. 765/2022, petitioner was awarded licence vide letter dated 29.07.2016 for setting up a food plaza at Patliputra Railway Station and operating the same at licence fees of Rs. 21,90,786/- per annum. Subsequently, disputes arose between the parties and petitioner invoked arbitration clause vide letter dated 26.10.2021 and suggested a name for appointment as sole arbitrator.

4. In ARB. P. 766/2022, petitioner was awarded licence vide letter 02.08.2016 to set up and operate food plaza at Tata Nagar Railway Sta

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