Allahabad High Court
MOHD. FAROOQ AND ANOTHERversusSRI HARI KRISHNA AGARWAL AND 5 OTHERS
- Decided
- Bench
- PIYUSH AGRAWAL
Holding
The arbitration application is allowed and former Justice Bala Krishna Narayana is appointed as arbitrator.
Summary
The petitioners, Mohd. Farooq and another, filed an application under Section 11(4) of the Arbitration and Conciliation Act, 1996, seeking the appointment of an arbitrator to resolve their dispute with the respondents, Sri Hari Krishna Agarwal and five others. The High Court examined the consent of former Justice Bala Krishna Narayana, who agreed to act as arbitrator, and verified that his appointment complied with the statutory requirements of Section 11(8). The Court noted that the arbitrator would be entitled to fees and expenses as per the Fourth Schedule of the Act. Consequently, the Court allowed the arbitration application and formally appointed Justice Narayana as the arbitrator. The order directed the court office to inform the arbitrator of his appointment through normal channels and email.
Issues considered
- Whether the consent of a former High Court judge satisfies the requirements of Section 11(8) for appointment as arbitrator
- Whether the High Court has jurisdiction to appoint an arbitrator under Section 11(4) of the Arbitration and Conciliation Act, 1996
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(4), 11(8)
Subjects
- Arbitration
- Appointment of Arbitrator
- Section 11
- High Court
- Consent
- Fees and Expenses
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 156 of 2023
Mohd. Farooq And Another
.....Applicant(s)
Versus
Sri Hari Krishna Agarwal And 5 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Dhananjai Rai, Vibhu Rai
Counsel for Opposite Party(s) : Siddharth 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 Mr. Justice Bala
Krishna Narayana, 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 13.4.2026.
3. Accordingly, Mr. Justice Bala Krishna Narayana, (a Former Judge
of this Court), resident of 'Vindhya' 26/5, Muir Road, City & District
- Prayagraj, (U.P) Mobile No. 9839175855 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 through normal mode as
well as email.
(Piyush Agrawal,J.)
May 18, 2026
Rahul Dwivedi/-
Digitally signed by :-
RAHUL DWIVEDI
High Court of Judicature at Allahabad
Checking your session…