$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 2064/2025 MEGHALAYA HOTELS PRIVATE LIMITED .....Petitioner Through: Dr. Swaroop George, Mr.

Abhinandan Jain, Mr. Shivam Prajapati, Mr.

Abhigyan Dwivedi, Mr. Kartikey, Advs.

versus INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED .....Respondent Through: Mr Lalit Chauhan, Ms. Laxmi Chauhan, Mr. Manish Yadav, Mr. Anith Johnson, Mr. Rustam Singh Chauhan, Advs.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 11.12.2025 I.A. 31026/2025 Allowed subject to all just exceptions.

The application stands disposed of.

ARB.P. 2064/2025

1. This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (“1996 Act”) seeking appointment of the Arbitral Tribunal for adjudication of disputes between the parties.

2. The brief facts are that the respondent invited bids for execution of the work of “Construction Operation and maintenance of IRCTC Budget Hotel at Lucknow” at Sector-7, Gomati Nagar Extension, (Land Section 7/2), Lucknow (“project”). The petitioner submitted its bid and the same was accepted vide Letter of Award dated 05.02.2018

3. Consequently, a Contract Agreement dated 26.02.2018 was executed between the parties for execution of the project. A Supplementary Agreement dated 21.10.2019 was also entered into between the parties, which only varied the payment schedule.

4. The said Contract Agreement contains an arbitration clause, which reads as under:-

“Demand for Arbitration.

i. In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract or the respective rights and liabilities of the parties on any matters in question, dispute or difference on any account or as to the withholding by IRCTC of any certificate to which the service provider/contractor/licensee may claim to be entitled to, or if IRCTC fails to make a decision within 120 days, then and in any such case, but except in any of the “excepted matters”, the contractor/licensee/service provider, within 180 days of his presenting his final claim on disputed matters shall demand in writing that the dispute or difference be referred to arbitration ii. In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties on any matter in question, dispute or difference on any account or as to the withholding by IRCTC of any certificate to which the contractor may claim to be entitled to, or if IRCTC fails to make a decision within 120 days, then and in any such case, but except in any of the "excepted matters", the contractor, after 120 days but within 180 days of his presenting his final claim on disputed matters shall demand in writing that the dispute or difference be referred to arbitration.

iii. The demand for arbitration shall specify the matters which are in question, or subject of the dispute or difference as also the amount of claim item-wise Only such dispute(s)or difference(s) in respect of which the demand has been made, together with counter claims or set off, given by the IRCTC, shall be referred to arbitration and other matters shall not be included in the reference.

a) The Arbitration proceedings shall be assumed to have commenced from the day a written and valid demand for arbitration is received by the IRCTC.

b) The claimant shall submit his claim stating the facts supporting the claims alongwith all the relevant documents and the relief or remedy sought against each claim within a period of 30 days from the date of appointment of the Arbitral Tribunal.

c) IRCTC shall submit its defence statement and counter claim(s), if any, within a period of 60 days of receipt of copy of claims from Tribunal thereafter, unless otherwise extension has been granted by Tribunal.

d) Place of Arbitration: IRCTC, Corporate Office, New Delhi, iv. No new claim shall be added during proceedings by either party However, a party may amend or supp