Allahabad High Court
M/S RATAN LAL AND COversusState of UP AND 2 OTHERS
- Decided
- Bench
- PIYUSH AGRAWAL
Holding
The arbitration application is allowed and former Judge Justice Dilip Gupta is appointed as the arbitrator.
Summary
The applicant, M/s Ratan Lal & Co, filed an arbitration application under Section 11(4) of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole arbitrator. The court considered the consent of former Judge Justice Dilip Gupta to act as arbitrator under Section 11(8) of the Act. It examined whether a former judge could be appointed and whether the procedural requirements for such appointment were satisfied. The court found that the consent was valid and that the appointment complied with the statutory provisions, including the entitlement to fees under the Fourth Schedule. Consequently, the court appointed Justice Dilip Gupta as the arbitrator and allowed the arbitration application.
Issues considered
- Whether a former judge may be appointed as an arbitrator under Section 11(8) of the Arbitration and Conciliation Act, 1996.
- Whether the arbitration application filed under Section 11(4) can be allowed on the basis of the consent of the proposed arbitrator.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(4), 11(8), Fourth Schedule
Subjects
- Arbitration
- Appointment of Arbitrator
- Section 11
- Former Judge
- High Court
- Procedural Order
- Fees
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 106 of 2024
M/S Ratan Lal And Co
.....Applicant(s)
Versus
State Of Up And 2 Others
.....Opposite Party(s)
Counsel for Applicant(s) : Tinku Singh, Vijay Singh Gour
Counsel for Opposite Party(s) : C.S.C., Mahesh Narain Singh, Ravi Prakash
Pandey
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 Mr. Justice Dilip Gupta, (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
13.08.2026.
3. Accordingly, Mr. Justice Dilip Gupta, (a Former Judge of this Court), resident
of Tower 8, Type - 7, Floor 6, NBCC Building, East Kidwai Nagar, New Delhi,
Mobile No. 9415215086 (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 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. 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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