Ada Buildwell Infratech LLP v. Simplex Infrastructures Limited

Delhi HC6 May 2026ARB.P./676/2026

Case brief

AI extract

What is this about?

Section 11(6) Arbitration and Conciliation Act 1996; appointment of Sole Arbitrator; Letter of Intent dated 10.11.2017; Clause 14 arbitration clause; seat New Delhi; Section 21 notice dated 25.02.2025 unanswered; Section 12(2) disclosure within two weeks; Delhi International Arbitration Centre (DIAC) aegis and Schedule of Fees; ADA Buildwell Infratech LLP v. Simplex Infrastructures Limited; ARB.P. 676/2026; 'The Ultima' Sector-81 Gurugram project; stone, marble and granite works; claim Rs.13,00,862/-; petition disposed of.

What did the court decide?

Appointment of Mr. Kaustubh Rai, Advocate, as Sole Arbitrator to adjudicate the disputes between the parties; arbitration to be conducted under the aegis of DIAC with fees per DIAC Schedule of Fees; all rights and contentions kept open. ¶¶23

Ada Buildwell Infratech LLP Vs Simplex Infrastructures Limited — Arbitration | Delhi HC (2026)

What the court decided

AI extract

Outcome

¶¶23

Issue for consideration

Whether a Sole Arbitrator should be appointed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to adjudicate disputes which have arisen between the parties under the Letter of Intent dated 10.11.2017 containing an arbitration clause.

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Ratio / Principle

As disputes have arisen between the parties and there is an arbitration clause in the LoI, the Court appointed Mr. Kaustubh Rai, Advocate, as Sole Arbitrator to adjudicate upon the disputes between the parties.

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Key takeaways

The arbitration shall take place under the aegis of the Delhi International Arbitration Centre (DIAC), abide by its rules and regulations, and the Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.ratio¶¶19
The learned Arbitrator is requested to file the requisite disclosure under Section 12(2) of the Arbitration & Conciliation Act within two weeks of entering the reference.ratio¶¶20
All rights and contentions of the parties in relation to claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits; nothing in the order is an expression on the merits.

Detailed headnote1 paragraphs

High Court of Delhi (Subramonium Prasad, J.) disposed of ARB.P. 676/2026, a petition filed by ADA Buildwell Infratech LLP under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitrator for disputes with Simplex Infrastructures Limited under a Letter of Intent dated 10.11.2017 for stone, marble and granite works at 'The Ultima', Sector-81, Gurugram. Clause 14 of the LoI contained an arbitration clause with seat at New Delhi; the Petitioner's Section 21 notice dated 25.02.2025 went unanswered despite alleged service, with Rs.13,00,862/- claimed as due. Finding disputes had arisen and an arbitration clause existed, the Court appointed Mr. Kaustubh Rai, Advocate, as Sole Arbitrator, directed that the arbitration proceed under the aegis of the Delhi International Arbitration Centre (DIAC) with fees per its Schedule of Fees, sought disclosure under Section 12(2) within two weeks of entering the reference, kept all rights and contentions open for the Arbitrator, and recorded no expression on the merits.

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$~4

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 676/2026

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ADA BUILDWELL INFRATECH LLP .....Petitioner

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Through: Mr. Prateek Jain and Mr. Sanyam Maan, Advocates.

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versus

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SIMPLEX INFRASTRUCTURES LIMITED .....Respondent Through:

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CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R

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% 06.05.2026

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This Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitrator to adjudicate upon the disputes which have arisen between the parties under the Letter of Intent dated 10.11.2017 ( hereinafter referred to as ‘the LoI’ ).

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It is stated that the LoI was awarded to the Petitioner by the Respondent whereby the Petitioner was engaged in execution of stone, marble, and granite works at the residential group housing project known as DLE “ The Ultima ”, Sector-81, Gurugram, Haryana. It is stated that disputes arose between the parties regarding payment of money. It is stated that Clause 14 of the LoI contains an Arbitration Clause which provides that disputes arising between the parties under the Agreement shall be decided by means of Arbitration and the seat of Arbitration shall be New Delhi. It is stated by the learned Counsel for the Petitioner that as on date

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2026 at 15:04:06

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Rs.13,00,862/- is due and payable by the Respondent. It is stated that Notice under Section 21 of the Arbitration Act invoking arbitration was issued by the Petitioner on 25.02.2025, which, according to the Petitioner, has been served on the Respondent. Despite service of the Notice, the Respondent has not replied to the same. The Petitioner has, thereafter, approached this Court by filing the present Petition.

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Notice in the present Petition was issued on 17.04.2026.

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In view of the fact that disputes have arisen between the parties and there is an arbitration clause in the LoI, this Court is inclined to appoint an Arbitrator to adjudicate upon the disputes between the parties.

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Accordingly, Mr. Kaustubh Rai, Adv. (Mob: 9310618531) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.

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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.

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The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the Arbitration & Conciliation Act within two weeks of entering the reference.

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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.

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Needless to say, nothing in this order shall be construed as an expression on the merits.

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The present petition stands disposed of in the above terms along with

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2026 at 15:04:06

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pending application(s), if any.

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SUBRAMONIUM PRASAD, J

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MAY 6, 2026 Rahul

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2026 at 15:04:06

Ada Buildwell Infratech LLP v. Simplex Infrastructures Limited

Case brief

What is this about?

What did the court decide?

Ada Buildwell Infratech LLP v. Simplex Infrastructures Limited

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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