Allahabad High Court
M/S ARCHANA CONSTRUCTIONversusUNION OF INDIA AND 4 OTHERS
- Decided
- Bench
- PIYUSH AGRAWAL
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
- Arbitration and Conciliation Act, 1996 — s. 11(8)
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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