COACH COM vs SR. DME, NORTHERN RAILWAY

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 8th September, 2025 + ARB.P. 720/2025 COACH COM THROUGH ITS SOLE PROPRIETOR SMT.LALITA DEVI SUREKA .....Petitioner Through: Mr. Ashish Khorana, Advocate. versus SR. DME, NORTHERN RAILWAY .....Respondent Through: Mr. Bhagwan Swarup Shukla, CGSC with Mr. Yash Baroliya, Advocate. Mr. M.P. Singh, COS (Railways). CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (ORAL) 1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter ‘Act’) seeking appointment of a Sole Arbitrator for the adjudication of disputes between the parties emanating from a Contract dated 1st March, 2023 entered into between the parties. The aforesaid Contract was executed pursuant to a tender dated 18th April, 2023 awarded in favour of the petitioner, for restoration and repairing of joy trains at the National Rail Museum for five years. 2. Counsel for the petitioner submits that the Contract contains terms and conditions, which include an arbitration clause, i.e. Clause 64, in Signature Not Verified Digitally Signed ARB.P. 720/2025 Page 1 of 10 By:VIVEK MISHRA Signing Date:11.09.2025 17:59:58 Section V, which pertain to General Conditions of Contract (hereinafter ‘GCC’), and provides for adjudication of any dispute arising between the parties by way of arbitration. Clause 64 of the GCC is set out below: “64.(1) Demand for Arbitration: 64.(1)(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 matter in question, dispute or difference on any account or as to the withholding by the Railway of any certificate to which the Contractor may claim t