WINFRA BUILD TECH PRIVATE LIMITED vs NKG INFRASTRUCTURE LIMITED

Judgment text excerpt

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgement delivered on: 28.01.2026 + ARB.P. 1479/2025 WINFRA BUILD TECH PRIVATE LIMITED .....Petitioner Through: Mr. Atul Verma, Advocate. versus NKG INFRASTRUCTURE LIMITED .....Respondent Through: Mr. Manish Gupta, Mr. Mehul Jain, Ms. Payal Singh, Ms. Riya, Mr. Nikhil Malik, Ms. Shipra Bhardwaj, Mr. Vivek Chandrasekhar, Mr. Yash Tiwari, Ms. Manaswee Gupta, Mr. Ravi and Ms. Sowmya China, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGEMENT (ORAL) 1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 19961, seeking the appointment of a Sole Arbitrator for adjudication of the disputes alleged to have arisen between the parties out of the Work Order/Purchase Order dated 08.02.2024. 2. Learned counsel for the Petitioner places reliance upon Clause 29 of the Purchase Order dated 08.02.20242, which has been 1 Act 2 Purchase Order Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA ARB.P. 1479/2025 Page 1 of 9 Signing Date:03.02.2026 17:47:02 annexed as ‘Document No. D1’ to the present petition. The said clause reads as under: - “29. Dispute Resolution: 1. All dispute and claims will be mutually discussed and agreed upon at site level. in case of any difference of opinion, the decision of “Contracts Head” of NKG Infrastructure shall be final and binding. 2. Arbitrators, if needed shall be appointed by NKG Infrastructure Ltd in Delhi only. 3. Any further dispute shall be settled in courts of jurisdiction of Delhi.” 3. It is the case of the Petitioner that disputes subsequently arose between the parties, pursuant to which arbitration was invoked by way of a legal notice dated 22.07.2025. It is contended that despite the invocation of arbitration, no Arb