High Court of Gujarat

RMD HOTELS AND RESORTS PVT LTD. THROUGH ASHUTOSH KUMAR PANDEYversusINDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD.

Disposal: 31-NOTICE DISCHARGED @ ADM.STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The petition is disposed of as not pressed, with liberty to pursue arbitration under the Arbitration and Conciliation Act, 1996.

Summary

RMD Hotels and Resorts Pvt Ltd filed a special civil application against Indian Railway Catering and Tourism Corporation Ltd and others. The petitioner, through counsel, indicated that it would not pursue the petition and instead seek relief under the Arbitration and Conciliation Act, 1996. The court granted the petitioner's request to withdraw the petition, allowing the alternate arbitration route. Consequently, the petition was marked as not pressed and the accompanying civil application was also disposed of. The notice issued in the matter was discharged.

Issues considered

Whether the petitioner may withdraw the special civil application and pursue relief under the Arbitration and Conciliation Act, 1996

Legislation cited

Arbitration and Conciliation Act, 1996

Subjects

ArbitrationWithdrawal of petitionSpecial Civil ApplicationHigh Court of GujaratCivil Procedure

Judgment

       C/SCA/20613/2023                                                               ORDER DATED: 28/04/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/SPECIAL CIVIL APPLICATION NO. 20613 of 2023
                                      With
                CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2024
                In R/SPECIAL CIVIL APPLICATION NO. 20613 of 2023
==========================================================
RMD HOTELS AND RESORTS PVT LTD. THROUGH ASHUTOSH KUMAR
                         PANDEY
                          Versus
 INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD. &
                           ORS.
==========================================================
Appearance:
MR RASESH H PARIKH(3862) for the Petitioner(s) No. 1
MR.HEMANG H PARIKH(2628) for the Petitioner(s) No. 1
MR SUDHIR M MEHTA(2058) for the Respondent(s) No. 1
MRS KRISHNA G RAWAL(1315) for the Respondent(s) No. 2,3
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                               Date : 28/04/2026
                                                ORAL ORDER


          Mr. Parikh, learned counsel for the petitioner, under
instructions, submits that he does not press this petition,
with liberty to avail an alternate remedy by way of filing
proceedings under the Arbitration and Conciliation Act,
1996
          Permission, as prayed for, is granted with aforesaid
liberty.
          The petition stands disposed of as not pressed.
Notice is discharged. The Civil Application also stands
disposed of.


                                                                        (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 28/04/2026 17:57:44




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