High Court of Gujarat

M/S. RMD HOTELS AND RESORTS PVT. LTD.versusINDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD.

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

Holding

The Court held that the petitioner may withdraw the petition and pursue arbitration under the Arbitration and Conciliation Act, 1996, and therefore the petition is disposed.

Summary

M/s. RMD Hotels and Resorts Pvt. Ltd. filed a Special Civil Application before the Gujarat High Court against Indian Railway Catering and Tourism Corporation Ltd. and others, seeking the Court's permission to withdraw the petition and pursue the dispute through arbitration under the Arbitration and Conciliation Act, 1996. The petitioner, through counsel, indicated that it did not wish to continue the present proceedings and preferred an alternate remedy. The Court examined the request and found no impediment to allowing the parties to resort to arbitration. Accordingly, the Court granted the petitioner's liberty to file arbitration proceedings and ordered that the petition stand disposed as not pressed. The notice issued to the respondents was also discharged.

Issues considered

Whether the petitioner may withdraw the Special Civil Application and pursue arbitration under the Arbitration and Conciliation Act, 1996?
Whether the Court can grant permission to the petitioner to avail an alternate arbitration remedy and dispose of the petition?

Legislation cited

Arbitration and Conciliation Act, 1996

Subjects

ArbitrationWithdrawal of petitionSpecial Civil ApplicationHigh Court of GujaratProcedural law

Judgment

         C/SCA/4779/2024                                                                ORDER DATED: 17/04/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/SPECIAL CIVIL APPLICATION NO. 4779 of 2024

 ==========================================================
               M/S. RMD HOTELS AND RESORTS PVT. LTD.
                               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. 3
 NOTICE SERVED BY DS for the Respondent(s) No. 2
 ==========================================================

     CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                                 Date : 17/04/2026

                                                    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.


                                                                          (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 17/04/2026 17:27:21




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