Allahabad High Court
M/S GPT INFRA PROJECTS LTDversusUNION OF INDIA AND ANOTHER
- Decided
- Bench
- PIYUSH AGRAWAL
Holding
The court held that the expressed consent of Justice Bharati Sapru satisfies the statutory requirement, and therefore he is duly appointed as arbitrator under Section 11(4).
Summary
M/s Gpt Infra Projects Ltd filed an arbitration application under Section 11(4) of the Arbitration and Conciliation Act, 1996, seeking the appointment of an arbitrator against the Union of India and another party. The court examined the consent given by former High Court Judge Justice Bharati Sapru to act as arbitrator, as recorded in an order dated 19‑02‑2026. Finding the consent valid and in compliance with Section 11(8), the court appointed Justice Sapru as the arbitrator and directed that he be entitled to fees and expenses as per the Fourth Schedule of the Act. The application for arbitration was consequently allowed, and the order was to be communicated to the appointed arbitrator. The decision underscores the procedural requirement of consent for arbitrator appointment under the Act.
Issues considered
- Whether the consent of the proposed arbitrator under Section 11(8) suffices for appointment under Section 11(4).
- Whether the High Court can appoint the arbitrator upon receipt of such consent.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(4), 11(8), Fourth Schedule
Subjects
- Arbitration
- Appointment of arbitrator
- Section 11
- Consent
- High Court
- Fees and expenses
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 149 of 2024
M/S Gpt Infra Projects Ltd
.....Applicant(s)
Versus
Union Of India And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rahul Sahai, Saumitra Anand
Counsel for Opposite Party(s) : A.S.G.I., Vaibhav Tripathi
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
Bharati Sapru, 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 19.02.2026.
3. Accordingly, Mr. Justice Bharati Sapru, Former Judge of High
Court, Allahabad, R/o B-7, Sarojini Apartment, 32, Sarojini Naidu
Marg, Prayagraj (Mob. No. 9450952833) 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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