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

Original Miscellaneous Petition (Interim, Commercial) · 2026:DHC:8293Decided 24 Sept 2026New Delhi Bench
O.M.P.(I) (COMM.) 439/2026CNR: DLHC010457482026
Justice Om Prakash Shukla

Background

A dispute had arisen between Nims Voda Pvt Ltd and IRCTC, prompting Nims Voda to file a petition under Section 9 of the Arbitration and Conciliation Act, 1996.

Decision Breakdown

Both parties agreed by consent to waive their contractual and formal procedures and to jointly appoint a named IRCTC official (Executive Director-Finance) as sole arbitrator, so the Court appointed him accordingly, directing him to enter reference within a week and make requisite disclosures under Section 12(2) of the Act; the Section 9 petition was directed to be treated as a Section 17 application before the arbitrator once he took up the reference, with all pleas including jurisdiction left open for him to decide.

Lesson Learnt

When both sides in a commercial dispute agree on an arbitrator, courts will expeditiously formalise that consensus rather than insist on a separate procedural process, helping speed up the start of arbitration.

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