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HIGH COURT OF DELHI
Date of Decision: 11.12.2019
M/S BRANDAVAN FOOD PRODUCTS ..... Petitioner
LIMITED (IRCTC) ..... Respondent
BRANDAVAN FOOD PRODUCTS ..... Petitioner
R. K. ASSOCIATES AND HOTELIERS PVT. LTD...... Petitioner
R. K. ASSOCIATES AND HOTELIERS PVT. LTD. ..... Petitioner
R. K. ASSOCIATES AND HOTELIERS PVT. LTD ..... Petitioner
M/S ROOP CATERERS ..... Petitioner
M/S SATYAM CATERERS PVT. LTD. ..... Petitioner
M/S R.K. ASSOCIATES & HOTELIERS (P) LTD ..... Petitioner
Mr. Nikhil Majithia, Standing Counsel for IRCTC.
JUDGMENT
1. The present petitions have been preferred under Section 9 of the Arbitration & Conciliation Act, 1996 (“Act”) seeking a direction to the respondents to maintain status quo with respect to the catering contract/license in favour of the petitioners as well as a direction to the respondent not to interfere or cause any hindrance in the petitioners performing their obligations under the said catering license.
2. Since the petitions involve a common question, they are being disposed of by a common order.
3. The petitioners have separately filed petitions under Section 11(5) of the Act for appointment of a sole arbitrator, there being an arbitration agreement between the parties. Vide a separate order, the said batch of petitions have been disposed of by this Court today and with the consent of the parties, a sole arbitrator has been appointed. The original licenses of the petitioners having expired, the respondents had extended the licenses from time to time and lastly upto 31.12.2019.
4. Learned senior counsel for the petitioners submits that as soon as the Arbitral Tribunal enters upon reference, an application will be moved by the petitioners within a period of 10 days, under Section 17 of the Act for interim relief. The learned Arbitral Tribunal is requested to take up the application under Section 17 of the Act as expeditiously as possible, once the same is filed by the petitioners.
5. Till the applications are considered and disposed of by the Arbitral Tribunal, the licenses/contracts of the petitioners will be extended.
6. Needless to state that upon consideration of the application, the arbitral tribunal is at liberty to vary/modify/vacate or continue the order passed by this Court.
7. It is made clear that this Court has not expressed any opinion on the merits of the case.
8. The Court appreciates the fair stand of the learned counsel for the respondent and the respondent in the above matters.
9. The petitions are disposed of in the aforesaid terms.
JYOTI SINGH, J DECEMBER 11, 2019 rd