Delhi High Court
Ipex Infrastructure Pvt. Ltd vs Krishna Constructions & Ors on 27 January, 2026
$~59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 27.01.2026
+ O.M.P.(I) (COMM.) 492/2025, I.A. 525/2026 (For issuance of
Necessary Directions) & I.A. 2218/2026 (For Dir.)
IPEX INFRASTRUCTURE PVT. LTD. .....Petitioner
Through: Mr. Varun Chandiok, Mr.
Pardeep Dhingra and Mr.
Nishant Kumar, Advocates.
versus
KRISHNA CONSTRUCTIONS & ORS. .....Respondents
Through: Mr. Abhishek Malhotra, Senior
Advocate along with Mr.
Kartikay Dutta and Ms.
Anukriti Trivedi, Advocates for
R-1 to R-3.
Ms. Parul Gurudev and
Mr. Pankaj Gupta, Advocates
for R-4.
Mr. Prabhas Bajaj, Mr. Rishabh
Yadav and Mr. Harsh Chauhan,
Advocates for Applicant in I.A.
2218/2026.
CORAM:
HON'BLE MR. JUSTICE HARISH VAIDYANATHAN
SHANKAR
% J U D G E M E N T (Oral)
1. The present petition filed under Section 9 of the Arbitration and
Conciliation Act, 1996, ["the Act"] relates to a Memorandum of
Understanding dated 03.11.2025 ["MoU"] and the disputes which
have arisen in respect thereof, seeking interim orders.
2. Learned counsel appearing for the parties jointly submit that
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
O.M.P.(I) (COMM.) 492/2025 Page 1 of 3
BHATIA
Signing Date:29.01.2026
16:08:06
instead of adjudication of this petition on merit by this Court, the
present lis be referred to arbitration, and till the time the learned
Arbitrator(s) enter into reference, the arrangement as of today may be
continued.
3. This Court finds that the suggestions made by the parties are
reasonable and appropriate.
4. Since the learned counsel for the parties are ad idem, and the
dispute between the parties is the subject matter of an Arbitration
clause, being Clause 14 of the MoU, the parties herein waive their
right to issue notice under Section 21 of the Act and to file a Petition
under Section 11 of the Act.
5. For the sake of convenience, the Arbitration clause being
Clause 14 of the MoU, is reproduced hereunder:
"14. Dispute if any shall be resolved through Arbitration by the
parties."
6. In view of the foregoing, the disputes as arisen between the
parties, are referred to the Arbitration.
7. Accordingly, Ms. Vibha Mahajan Seth, learned Senior
Advocate (e-mail : [email protected] & Mobile No.
9810702410), who is empanelled with the DIAC, is appointed as the
sole Arbitrator.
8. The arbitration would take place under the aegis of the Delhi
International Arbitration Centre ["DIAC"] and would abide by its
rules and regulations. The learned Arbitrator shall be entitled to fees
as per the Schedule of Fees maintained by the DIAC.
9. The learned Arbitrator is also requested to file the requisite
disclosure under Section 12 (2) of the Act within a week of entering of
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
O.M.P.(I) (COMM.) 492/2025 Page 2 of 3
BHATIA
Signing Date:29.01.2026
16:08:06
reference.
10. The Registry is directed to send a receipt of this order to the
learned arbitrator through all permissible modes, including through e-
mail.
11. All rights and contentions of the parties in relation to the
claims/counter-claims are kept open, to be decided by the learned
Arbitrator on their merits, in accordance with law.
12. Needless to say, nothing in this order shall be construed as an
expression of opinion of this Court on the merits of the controversy
between the parties.
13. Accordingly, the present petition under Section 9 of the Act be
treated as an application under Section 17 of the Act, and appropriate
directions may be passed by the learned Arbitrator after entering
reference.
14. The applications filed on behalf of the Indian Medical
Association may also be transferred to the learned Arbitrator for
consideration.
15. The present interim order will continue to operate till the time
the learned Arbitrator adjudicates the application under Section 17 of
the Act.
16. Accordingly, the present petition along with pending
applications, if any, stands disposed of.
HARISH VAIDYANATHAN SHANKAR, J.
JANUARY 27, 2026/tk/her/jk Signature Not Verified Digitally Signed By:HARVINDER KAUR O.M.P.(I) (COMM.) 492/2025 Page 3 of 3 BHATIA Signing Date:29.01.2026 16:08:06