Allahabad High Court
SMT KUMUD SAWAIKAversusRELIANCE NIPPON LIFE INSURANCE COMPANY LIMITED AND 2 OTHERS
- Decided
- Bench
- PIYUSH AGRAWAL
Holding
The High Court appointed retired District Judge Sunil Kumar Gupta as arbitrator, allowing the arbitration application.
Summary
Smt. Kumud Sawaika filed an application under Section 11(4) of the Arbitration and Conciliation Act, 1996 seeking the appointment of an arbitrator to resolve a dispute with Reliance Nippon Life Insurance Company Limited and two other respondents. The High Court examined whether the proposed arbitrator, retired District Judge Sunil Kumar Gupta, satisfied the eligibility criteria under Section 11(8) of the Act. After considering the consent of the proposed arbitrator, the Court found no impediment to his appointment. The Court ordered that Mr. Gupta be appointed as the arbitrator and that he be entitled to fees and expenses as per the Fourth Schedule of the Act. Consequently, the arbitration application was allowed, and the parties were directed to inform the arbitrator of the order. The decision underscores the Court’s role in facilitating arbitration by ensuring compliance with statutory appointment provisions.
Issues considered
- Whether the proposed arbitrator, a retired District Judge, is eligible for appointment under Section 11(8) of the Arbitration and Conciliation Act, 1996.
- Whether the High Court can appoint an arbitrator upon the parties' application under Section 11(4) of the Act.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(4), 11(8)
Subjects
- Arbitration
- Appointment of arbitrator
- Section 11
- Arbitration and Conciliation Act 1996
- High Court intervention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 110 of 2024
Smt Kumud Sawaika
.....Applicant(s)
Versus
Reliance Nippon Life Insurance Company Limited
And 2 Others .....Opposite
Party(s)
Counsel for Applicant(s) : Harish Chandra Dwivedi
Counsel for Opposite Party(s) : Indra Prakash Srivastava, Sarvodaya
Singh
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 Sri Sunil Kumar
Gupta, Retired District Judge, whose name was proposed to act as an
Arbitrator under Section 11 (8) of Arbitration and Conciliation Act, 1996,
vide order dated 20.02.2026.
3. Accordingly, Sri Sunil Kumar Gupta, Retired District Judge, R/o
Flat No. B-402, Golden Towers, Near Kutti Chowk, Shashtri Nagar,
Meerut, U.P. (Mob. No. 8449372555) 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
Checking your session…