Allahabad High Court
M/S S.T. CONSTRUCTION PVT. LTD.versusNEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY NOIDA
- Decided
- Bench
- PIYUSH AGRAWAL
Holding
The court held that the consent was valid and appointed Dr. Justice Satish Chandra as arbitrator.
Summary
M/S S.T. Construction Pvt. Ltd. filed an arbitration application against New Okhla Industrial Development Authority, Noida. The applicant sought appointment of Dr. Justice Satish Chandra as arbitrator under Section 11(8) of the Arbitration and Conciliation Act, 1996. The court examined the consent given by the former judge and found it in compliance with the statutory requirements. Accordingly, the court appointed Dr. Justice Satish Chandra as the arbitrator and directed that his fees be determined by mutual consent or as per the Fourth Schedule of the Act. The arbitration application was allowed, and the order was to be communicated to the arbitrator.
Issues considered
- Whether the consent of Dr. Justice Satish Chandra satisfies the requirements of Section 11(8) of the Arbitration and Conciliation Act, 1996 for appointment as arbitrator.
- Whether the High Court can appoint an arbitrator under Section 11(4) upon receipt of valid consent.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(4), 11(8), Fourth Schedule
Subjects
- Arbitration
- Appointment of Arbitrator
- Section 11
- Consent
- Fees
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 191 of 2025
M/S S.T. Construction Pvt. Ltd.
.....Applicant(s)
Versus
New Okhla Industrial Development Authority Noida
.....Opposite Party(s)
Counsel for Applicant(s) : Sanjeev Kumar Pandey, Shreya Dwivedi,
Shubham Dwivedi
Counsel for Opposite Party(s) : Ankur Agarwal, Kaushalendra Nath 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 Dr. Justice Satish
Chandra, 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 19.3.2026.
3. Accordingly, Dr. Justice Satish Chandra, Former Judge of High
Court, Allahabad, R/o D-25, Brahama Apartments, Sector-7, Dwarka,
New Delhi (Mob. No. 9599587418) 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 by mutual consent
of the parties / 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.
April 20, 2026
Vandana
(Piyush Agrawal,J.)
Digitally signed by :-
VANDANA GAUTAM
High Court of Judicature at Allahabad
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