Allahabad High Court
M/S NARESH AGRAWAL CONSTRUCTION PVT LTDversusGHAZIABAD DEVELOPMENT AUTHORITY AND ANOTHER
- Decided
- Bench
- PIYUSH AGRAWAL
Holding
The court appointed former Justice Sushil Harkauli as arbitrator, allowing the arbitration application.
Summary
M/s Naresh Agrawal Construction Pvt Ltd filed an application under Section 11(4) of the Arbitration and Conciliation Act, 1996 seeking the appointment of an arbitrator against the Ghaziabad Development Authority. The court examined the consent of former Justice Sushil Harkauli to act as arbitrator, which was filed on 19‑02‑2026. Relying on Section 11(8), the court authorized the appointment of Justice Harkauli as the sole arbitrator to adjudicate the dispute. The court also directed that the arbitrator be paid fees and expenses as per Schedule IV of the Act. Consequently, the arbitration application was allowed and the order was to be communicated to the arbitrator.
Issues considered
- Whether the court should appoint an arbitrator under Section 11(4) of the Arbitration and Conciliation Act, 1996 upon the parties' consent.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(4), 11(8)
Subjects
- Arbitration
- Section 11
- Appointment of arbitrator
- Consent
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 179 of 2024
M/S Naresh Agrawal Construction Pvt Ltd
.....Applicant(s)
Versus
Ghaziabad Development Authority And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Krishna Agarawal, Parth Gupta
Counsel for Opposite Party(s) : Ravi Prakash Pandey, Tejasvi Misra
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 byMr. Justice Sushil Harkauli,
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 Sushil Harkauli, Former Judge of High Court, Allahabad,
R/o 4-A, Rani Jhansi Marg, New Cantt, Prayagraj (Mob. No. 9839054944) 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…