IPEX INFRASTRUCTURE PVT. LTD. vs KRISHNA CONSTRUCTIONS & ORS.

Judgment text excerpt

$~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