UTASAV FLAVOURS Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application filed by the applicant, Utsav Flavours for appointment of an Arbitrator by this Court to adjudicate the dispute in regard to cancellation of the licence which had been granted to the petitioner for operating Food Plaza at Tata nagar Railway Station, 'jamshedpur.

(2.) COUNSEL for the petitioner has relied upon Clause 19 of the agreement that had been executed between, the petitioner and the respondents-Indian Railway Catering and tourism Corporation Ltd. which envisages that "in the event of any dispute or difference arising under these conditions of licence or in connection with this licence (except as to any matters, the decision of which is specifically provided for by these or the special conditions) the same will be resolved by arbitration, as per the provisions of The arbitration and Conciliation Act 1996'. The venue of the Arbitration shall be New Delhi. "

(3.) IN view of the aforesaid position this application for appointment of an Arbitrator has been filed by the petitioner invoking the jurisdiction of the Court under Section 11 of the Arbitration and Conciliation Act which is opposed by the counsel for the respondents only on account of the fact that the petitioner has not taken any initiative or even the first step which is required for appointment of an Arbitrator.