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Allahabad High Court

M/S RATAN LAL AND COversusState of UP AND 2 OTHERS

Decided

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

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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