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Allahabad High Court

M/S ARCHANA CONSTRUCTIONversusUNION OF INDIA AND 4 OTHERS

Decided

Holding

The arbitration application is allowed and Justice Pankaj Mithal is appointed as arbitrator under Section 11(8) of the Arbitration and Conciliation Act, 1996.

Summary

The High Court of Judicature at Allahabad heard an application under Section 11(4) of the Arbitration and Conciliation Act, 1996 filed by M/s Archana Construction seeking appointment of an arbitrator. The court considered the consent of former Supreme Court Judge Pankaj Mithal to act as arbitrator, as required under Section 11(8). The court approved the consent and formally appointed Justice Mithal as the arbitrator to adjudicate the dispute between the parties. It directed that the arbitrator’s fee be determined by agreement between the parties. The order also instructed the registry to forward a copy of the appointment to the arbitrator by all permissible modes. Consequently, the arbitration application was allowed and the arbitration proceedings may now commence.

Issues considered

  • Whether the High Court can appoint an arbitrator under Section 11(8) of the Arbitration and Conciliation Act, 1996 upon receipt of the arbitrator’s consent.

Legislation cited

Subjects

  • Arbitration
  • Appointment of Arbitrator
  • Section 11(8)
  • High Court
  • Consent of Arbitrator

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                           ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 100 of 2026

                                    M/S Archana Construction
                                                                                                            .....Applicant(s)
                                                                            Versus
                                    Union Of India And 4 Others
                                                                                                      .....Opposite Party(s)

                                    Counsel for Applicant(s)                                 :     Tejas Singh
                                    Counsel for Opposite Party(s)                            :     Rajesh Tripathi

                                    Court No. - 7
                                                            HON'BLE PIYUSH AGRAWAL, J.

                                    1. Heard learned counsel for the applicant and learned counsel for the opposite
                                    party(s).

                                    2. The office has placed on record the consent given by Hon'ble Mr. Justice Pankaj
                                    Mithal, (a Former Judge of the Supreme Court), whose name was proposed to act
                                    as an Arbitrator under Section 11 (8) of Arbitration and Conciliation Act, 1996, vide
                                    order dated 10.08.2026.

                                    3. Accordingly, Hon'ble Mr. Justice Pankaj Mithal, (a Former Judge of the
                                    Supreme Court), resident of R-29, Ground Floor, South Extension - II, New
                                    Delhi      -    110      049,     Mobile        No.     9415216238       (Email      ID:
                                    [email protected]) is hereby appointed as an Arbitrator, who
                                    shall adjudicate the matter and settle all the dispute between the parties in accordance
                                    with law.

                                    4. The learned Arbitrator shall be entitled to the fee in accordance as may be agreed
                                    between the parties and the learned Arbitrator.

                                    5. In view of the above, the present arbitration application stands allowed.

                                    6. The Registry is directed to forward a copy of this order to the learned Arbitrator
                                    through all permissible modes, including the electronic modes within a week.

                                    September 14, 2026
                                    Amit Mishra
                                                                                                      (Piyush Agrawal,J.)




Digitally signed by :-
AMIT KUMAR MISHRA
High Court of Judicature at Allahabad


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