EUREKA FORBES LIMITED vs INDIAN RAILWAY CATERING AND TOURISM CORPORATION

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 02.02.2026 Judgment pronounced on: 12.05.2026 + O.M.P. (COMM) 502/2024 & I.A. 46323/2024 (Stay) EUREKA FORBES LIMITED .....Petitioner Through: Dr. Amit George, Mr. Shivankar Sharma and Mr. Ayush Singh, Advocates. versus INDIAN RAILWAY CATERING AND TOURISM CORPORATION .....Respondent Through: Mr. Shreyans Jain, Ms. Harshita Singh and Mr. Harshit Bhardawaj, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition has been instituted under Section 34 of the Arbitration and Conciliation Act, 19961, seeking to set aside the Order dated 21.08.20242 and Order dated 21.10.20243 [collectively referred to as “Impugned Orders” hereinafter] passed by the learned Sole Arbitrator in arbitration proceedings bearing Reference No. DIAC/7248/11-23 titled “Indian Railway Catering and Tourism 1 A&C Act 2 Impugned Order I 3 Impugned Order II Signature Not Verified Digitally Signed O.M.P. (COMM) 502/2024 Page 1 of 38 By:HARVINDER KAUR BHATIA Signing Date:14.05.2026 17:32:59 Corporation v. Eureka Forbes Limited”. 2. It is apposite to note that Eureka Forbes Limited4, the Petitioner herein, was arrayed as the Respondent before the learned Arbitral Tribunal, whereas Indian Railway Catering and Tourism Corporation5, the Respondent herein, was the Claimant before the learned Arbitral Tribunal. However, for the sake of convenience and clarity, the parties shall hereinafter be referred to in the same manner and rank as assigned to them in the present Petition. 3. By way of the Impugned Order I, the learned Arbitrator proceeded against the Petitioner ex parte and, as a consequence thereof, rejected the counterclaim preferred by the Petitioner, which is stated