W.P.(C)/3176/2024 of SREE VENKATESHWARA ENTERPRISES Vs INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD
Parties
- SREE VENKATESHWARA ENTERPRISES (PETITIONER)
- INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD (RESPONDENT)
Statutes cited (1)
- constitution of india, article-226 (1950)
Full text
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*IN THE HIGH COURT OF DELHI AT NEW DELHI
+W.P.(C) 3176/2024 & CM APPL. 13093/2024
SREE VENKATESHWARA ENTERPRISES.....PetitionerThrough:Mr.Tushar Sharma, Advocate(Through VC)versus
INDIAN RAILWAY CATERING ANDTOURISM CORPORATION LTD
.....Respondent
Through:Mr.Apoorv Sarvaria, Advocate
CORAM:
HON’BLE MR. JUSTICE PRATEEK JALAN
O R R%04.11.2024
1.By way of this petition under Article 226 of the Constitution ofIndia, the petitioner has challenged communication dated 19.01.2024 bywhich the respondent has terminated contract awarded by letter dated12.06.2012, for operating food plaza at Berhampur Railway Station.The respondent also debarred the petitioner from participating in futureprojects of the respondent for period of one year from the date ofissuance of the letter.
2.Learned counsel for the petitioner states that the petitioner hasalready invoked the arbitration clause contained in clause 12 of thecontracton06.08.2024,buttherespondenthasaddressedacommunication dated 01.11.2024 declining reference to arbitration on theground of pendency of the present writ petition.
3.At the very outset, learned counsel for the respondent accepts thatthis position is misconceived, in view of the fact that the respondent itselfhas taken preliminary objection in its counter affidavit that the disputesare subject to arbitration. Learned counsel for the respondent reiteratesthat the disputes have to be resolved by arbitration in accordance withlaw, and states that the respondent will cooperate in the constitution ofthe arbitral tribunal in accordance with law.
4.In view of the above submissions, the writ petition is disposed of,with liberty to the petitioner to agitate its grievances in the proposedarbitration proceedings, including by making an application for interimrelief in accordance with law.
5.It is made clear that this Court has not made any comments on themerits of the matter and the rights and contentions of the parties are leftopen in this regard.
NOVEMBER 4, 2024
PRATEEK JALAN, J