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Allahabad High Court

M/S VERMA ELECTRICALSversusUNION OF INDIA AND 2 OTHERS

Decided

Holding

The court held that the consent of former Judge S.N. Agarwal was valid under Section 11(8) and he was duly appointed as arbitrator under Section 11(4) of the Arbitration and Conciliation Act, 1996.

Summary

Verma Electricals filed an application under Section 11(4) of the Arbitration and Conciliation Act, 1996 seeking the appointment of an arbitrator in a dispute with the Union of India and two other parties. The court examined the consent of former High Court Judge S.N. Agarwal, which was submitted on 23 March 2026, and found it to be in compliance with Section 11(8) of the Act. Accordingly, the court appointed Mr. Justice Agarwal as the arbitrator and directed that he be entitled to fees and expenses as per the Fourth Schedule of the Act. The court ordered that the arbitration application be allowed and that the order be communicated to the arbitrator. The decision effectively authorises the commencement of arbitration proceedings.

Issues considered

  • Whether the consent of the proposed arbitrator satisfies the requirements of Section 11(8) of the Arbitration and Conciliation Act, 1996.
  • Whether the High Court can appoint the proposed arbitrator under Section 11(4) of the Act.

Legislation cited

Subjects

  • Arbitration
  • Appointment of Arbitrator
  • Section 11
  • Consent
  • High Court of Allahabad
  • Arbitration and Conciliation Act

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                              ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 119 of 2024

                                    M/S Verma Electricals
                                                                                               .....Applicant(s)
                                                                        Versus

                                    Union Of India And 2 Others
                                                                                                  .....Opposite
                                                                                                        Party(s)

                                    Counsel for Applicant(s)             :   Najakat Ali, Ram Awtar
                                    Counsel for Opposite Party(s)        :   A.S.G.I., Dileep Kumar 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 S.N.
                                    Agarwal, Former Judge of High Court, Allahabad, whose name was
                                    proposed to act as an Arbitrator under Section 11 (8) of Arbitration and
                                    Conciliation Act, 1996, vide order dated 23.3.2026.

                                    3. Accordingly, Mr. Justice S.N. Agarwal, (a Former Judge of this
                                    High Court), resident of 29, C.Y. Chintamani Road, City & District -
                                    Prayagraj, (U.P) Mobile No. 9415235777 is hereby appointed as an
                                    Arbitrator. He 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 and Conciliation Act, 1996.

                                    5. In view of above, the present arbitration application stands allowed.

                                    6. Office to intimate this order to the Arbitrator.



                                                                                           (Piyush Agrawal,J.)
                                    April 23, 2026
                                    Rahul Dwivedi/-




Digitally signed by :-
RAHUL DWIVEDI
High Court of Judicature at Allahabad


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