CHIRAG SHAH Vs. A GOVERNMENT OF INDIA UNDERTAKING

JUDGEMENT

(1.) The present petition under Ss. 14 and 15 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "A&C Act, 1996") has been filed on behalf of the petitioner seeking termination of the mandate of Shri Vinod Ashthana (former Director, IRCTC), Sole Arbitrator in the pending Arbitration proceedings and also for appointment of a former Judge of this Court as the substitute Arbitrator.

(2.) Facts in brief are that the petitioner-Company has been doing business with the respondent-IRCTC since 2012 as a Principal Service Provider of IRCTC (hereinafter referred to as "PSC") for its e-ticketing business which typically had two Agreements, namely; (i) Agreement (Internet Cafe Services) - ICS Agreement; and (ii) Agreement (Web Services Business to Business) - B2B Agreement.

(3.) It is submitted that under these two Agreements, the petitioner-Company provides e-ticketing services to IRCTC through appointment of sub-agents known as Retail Service Providers (hereinafter referred to as "RSPs").