Allahabad High Court
MR. PANKAJ PRASADversusMS. PRATEEK REALTORS INDIA PRIVATE LIMITED
- Decided
- Bench
- PIYUSH AGRAWAL
Holding
The court held that the consent of the proposed arbitrator under Section 11(8) is sufficient to appoint him as arbitrator.
Summary
The applicant, Mr. Pankaj Prasad, filed an arbitration application under Section 11(4) of the Arbitration and Conciliation Act, 1996, seeking the appointment of an arbitrator to resolve a dispute with Ms. Prateek Realtors India Private Limited. The court recorded the consent of former Judge Justice Arvind Singh Sangwan to act as arbitrator, as required under Section 11(8). Accordingly, the court appointed Justice Sangwan as the arbitrator, directing that he be entitled to fees and expenses as per the Fourth Schedule of the Act. The court held that the procedural requirements for appointment were satisfied. Consequently, the arbitration application was allowed and the order was to be communicated to the arbitrator.
Issues considered
- Whether the consent of the proposed arbitrator under Section 11(8) of the Arbitration and Conciliation Act, 1996, suffices for his appointment.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(8)
Subjects
- Arbitration
- Appointment of Arbitrator
- Section 11
- Arbitration Agreement
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 103 of 2024
Mr. Pankaj Prasad
.....Applicant(s)
Versus
Ms. Prateek Realtors India Private Limited
.....Opposite
Party(s)
Counsel for Applicant(s) : Ankit Pandey
Counsel for Opposite Party(s) : Pushkar Mehrotra
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 Arvind Singh Sangwan, (a Former Judge of this Court),
whose name was proposed to act as an Arbitrator under Section 11 (8) of
Arbitration and Conciliation Act, 1996, vide order dated 16.02.2026.
3. Accordingly, Hon'ble Mr. Justice Arvind Singh Sangwan, (a
Former Judge of this Court), resident of Flat No. 508, Pavilion Height
- 1, Sector - 128, Jaypee Green Wishtown, Noida, District - Gautam
Buddha Nagar, (U.P) Mobile No. 7347025003 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 Arbitrator shall be entitled to his fees and expenses in accordance
with the fourth Schedule to the Arbitration & Conciliation Act, 1996.
5. In view of the above, the present arbitration application stands
allowed.
6. Office to intimate this order to the Arbitrator.
(Piyush Agrawal,J.)
March 19, 2026
Amit Mishra
Digitally signed by :-
AMIT KUMAR MISHRA
High Court of Judicature at Allahabad
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