Delhi High Court Moves Interim Relief Plea From Court To Arbitration Forum After Parties Consent

The Delhi High Court has moved a plea for interim relief out of the courtroom and into arbitration after the parties agreed that their dispute should be resolved through arbitration.

Justice Harish Vaidyanathan Shankar was hearing a petition arising from a Memorandum of Understanding dated 3 November 2025 between IPEX Infrastructure Pvt. Ltd. and Krishna Constructions, in which interim protection was sought.

During the hearing, both sides told the Court that instead of deciding the plea on merits, the matter should be referred to arbitration. They also asked that the existing arrangement between them continue until the arbitrator takes up the dispute.

The Court noted that the parties were on the same page and that their agreement contained a clear arbitration clause. It also recorded that the parties had waived the formal steps required to invoke arbitration and seek appointment of an arbitrator.

Accepting the request, the Court referred the dispute to arbitration and appointed Senior Advocate Vibha Mahajan Seth, empanelled with the Delhi International Arbitration Centre, as the sole arbitrator. The arbitration will be conducted under the center's rules.

The Court further directed that the interim relief plea filed before it would now be decided by the arbitrator. It ordered that the interim protection already in place would continue until the arbitrator considers and rules on the request.

For IPEX Infrastructure: Varun Chandiok, Pardeep Dhingra, and Nishant Kumar.

For Krishna Constructions: Abhishek Malhotra, Kartikay Dutta, Anukriti Trivedi and Parul Gurudev.