O.M.P.(I) (COMM.) 314/2026 & connected matter Page 1 of 3 $~39 & 40 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010347322026 + O.M.P.(I) (COMM.) 314/2026, I.A. 20619/2026, I.A. 20620/2026, I.A. 20621/2026, I.A. 25596/2026 & I.A. 25797/2026 M/S KAMALADITYYA CONSTRUCTION PVT LTD.....Petitioner Through: Mr. Dayan Krishnan, Senior Advocate with Mr. Avinash Trivedi, Mr. Anurag Kaushik and Mr. Rahul Aggarwal, Advocates. versus M/S WAPCOS LIMITED .....Respondent Through: Mr. Tushar Sannu, SC with Ms. Ankita Bhadouriya, Mr. Hardik Saxena, Advocates with Mr. Amit Aggarwala, CE for WAPCOS. (40) # CNR No. DLHC010347332026 + O.M.P.(I) (COMM.) 315/2026, I.A. 20622/2026, I.A. 20623/2026, I.A. 20624/2026, I.A. 25595/2026 & I.A. 25798/2026 M/S KAMALADITYYA CONSTRUCTION PVT LTD.....Petitioner Through: Mr. Dayan Krishnan, Senior Advocate with Mr. Avinash Trivedi, Mr. Anurag Kaushik and Mr. Rahul Aggarwal, Advocates. versus M/S WAPCOS LIMITED .....Respondent Through: Mr. Tushar Sannu, SC with Ms. Ankita Bhadouriya, Mr. Hardik Saxena, Advocates with Mr. Amit Aggarwala, CE for WAPCOS. CORAM: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA 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 21/09/2026 at 11:11:13 O.M.P.(I) (COMM.) 314/2026 & connected matter Page 2 of 3 O R D E R % 18.09.2026 1. In view of the certain circumstances which have arisen in the present application and in order to save the judicial time, it is deemed appropriate to appoint an arbitrator who may adjudicate and arbitrate upon all the disputes between the parties. 2. Only to ensure that the matters are not precipitated further, it appears apposite to direct that the respondent shall not initiate any precipitative steps in respect only of encashment of the bank guarantees and security deposits for a period of three weeks from the date of constitution of the Tribunal. 3. The petitioner is at liberty to file an application under Section 17 or any other appropriate application seeking interim orders within three weeks before the learned Tribunal, who may expeditiously dispose of the same. 4. Having regard thereto, the petitions are allowed to the aforesaid extent and the following directions are passed: i) HMJ (Retd.) Hima Kohli, Former Judge, Supreme Court of India, (Mob. No.9871300036, 011-23382147) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties. ii) The arbitration will be held under the aegis and rules of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the ‘DIAC’). iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018. iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits 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 21/09/2026 at 11:11:13 O.M.P.(I) (COMM.) 314/2026 & connected matter Page 3 of 3 of the dispute of either of the parties, are left open for adjudication by the learned arbitrator. vi) The petitioner shall approach the learned Arbitrator within two weeks from today. 5. The learned arbitrator is at liberty to appreciate and consider the application on its own merits and pass an order. 6. The petitions are disposed of. TUSHAR RAO GEDELA, J SEPTEMBER 18, 2026/anj 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 21/09/2026 at 11:11:13