Allahabad High Court
PROELECTRIC PROJECTS PRIVATE LIMITEDversusPRASAD PSYCHO PRIVATE LIMITED
- Decided
- Bench
- PIYUSH AGRAWAL
Holding
The High Court allowed the arbitration application and appointed Justice R.B. Mishra as arbitrator.
Summary
The parties filed an application under Section 11(4) of the Arbitration and Conciliation Act, 1996 seeking the appointment of an arbitrator to resolve their commercial dispute. The Court recorded the consent of former Judge R.B. Mishra to act as arbitrator, as per the order dated 28‑07‑2026. The Court then formally appointed Justice Mishra as the arbitrator, directing him to adjudicate the matter in accordance with law. It also stipulated that the arbitrator’s fees and expenses would be governed by the Fourth Schedule to the Act. Consequently, the arbitration application was allowed and the order was to be communicated to the arbitrator by all permissible means.
Issues considered
- Whether the consent of a former judge can be accepted for appointment as arbitrator under Section 11(8) of the Arbitration and Conciliation Act, 1996.
- Whether the High Court can appoint an arbitrator under Section 11(4) in the present case.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(4), 11(8), Fourth Schedule
Subjects
- Arbitration
- Appointment of Arbitrator
- Section 11
- Arbitration Agreement
- Arbitrator Fees
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 21 of 2025
Proelectric Projects Private Limited
.....Applicant(s)
Versus
Prasad Psycho Private Limited
.....Opposite Party(s)
Counsel for Applicant(s) : Raghav Dwivedi
Counsel for Opposite Party(s) : Saurabh Basu, Sweta 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 Hon'ble Mr. Justice R.B.
Mishra, (a Former Judge of this Court), whose name was proposed to act as an
Arbitrator under Section 11 (8) of Arbitration and Conciliation Act, 1996, vide order
dated 28.07.2026.
3. Accordingly, Hon'ble Mr. Justice R.B. Mishra, (a Former Judge of this Court),
resident of House No. 12, High Court Judges Colony, Sector - 105, Noida, District
- Gautam Buddha Nagar, (U.P) Mobile Nos. 9816066600/9818407778 (email ID:
[email protected]) 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 14, 2026
Amit Mishra
(Piyush Agrawal,J.)
Digitally signed by :-
AMIT KUMAR MISHRA
High Court of Judicature at Allahabad
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