Allahabad High Court
M/S JAI GURUDEV PRINTERS THROUGH ITS PROPRIETOR SHRI PRAMOD KUMAR GUPTAversusM/S THE NEW INDIA ASSURANCE CO. LTD.
- Decided
- Bench
- PIYUSH AGRAWAL
Holding
The High Court validly appointed former Judge Rajesh Tandon as arbitrator under Section 11(8) of the Arbitration and Conciliation Act, 1996.
Summary
The applicant, M/s Jai Gurudev Printers, filed an application under Section 11(4) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator. The opposite party, M/s The New India Assurance Co. Ltd., consented to the appointment of former Uttarakhand High Court Judge Rajesh Tandon as arbitrator. The court examined the consent and, relying on Section 11(8), appointed Mr. Justice Rajesh Tandon 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. The registry was instructed to forward a copy of the order through all permissible modes within a week.
Issues considered
- Whether the High Court can appoint an arbitrator under Section 11(8) of the Arbitration and Conciliation Act, 1996 based on the parties' consent.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(4), 11(8)
Subjects
- Arbitration
- Appointment of Arbitrator
- Section 11
- Consent
- Fees and Expenses
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 200 of 2025
M/S Jai Gurudev Printers Through Its Proprietor Shri
Pramod Kumar Gupta
.....Applicant(s)
Versus
M/S The New India Assurance Co. Ltd.
.....Opposite Party(s)
Counsel for Applicant(s) : Raj Kumar Sharma
Counsel for Opposite Party(s) : Aditya Singh Parihar
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 Justice Rajesh
Tandon, Former Judge of Uttarakhand, High Court at Nainital, whose name was
proposed to act as an Arbitrator under Section 11 (8) of Arbitration and Conciliation
Act, 1996, vide order dated 04.08.2026.
3. Accordingly, Mr. Justice Justice Rajesh Tandon, Former Judge of
Uttarakhand, High Court at Nainital, R/o 19, High Court Judges Colony, Sector
105, NOIDA (Mob. No. 9999306069) 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. The Registry is directed to forward a copy of this order to the learned Arbitrator
through all permissible modes, including the electronic modes within a week.
September 17, 2026
Amit Mishra
(Piyush Agrawal,J.)
Digitally signed by :-
AMIT KUMAR MISHRA
High Court of Judicature at Allahabad
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