Allahabad High Court
M/S CALSTAR STEEL LIMITEDversusNORTH EASTERN RAILWAY
- Decided
- Bench
- PIYUSH AGRAWAL
Holding
The court held that the consent of Justice Bharati Sapru was valid and appointed her as arbitrator under Section 11(8) of the Arbitration and Conciliation Act, 1996.
Summary
Calstar Steel Ltd filed an arbitration application under Section 11(4) of the Arbitration and Conciliation Act, 1996 against North Eastern Railway. The court examined the consent of former High Court Judge Justice Bharati Sapru to act as arbitrator under Section 11(8) of the Act. Finding the consent valid and in compliance with the statutory requirements, the court appointed Justice Bharati Sapru as the arbitrator. The court also directed that the arbitrator’s fees and expenses be governed by 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 consent of a former High Court judge is valid for appointment as arbitrator under Section 11(8) of the Arbitration and Conciliation Act, 1996
- Whether the arbitration application filed under Section 11(4) can be allowed on the basis of such consent
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(8), Schedule IV
Subjects
- Arbitration
- Appointment of arbitrator
- Section 11
- Consent of arbitrator
- Schedule IV fees
- Civil Procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 224 of 2023
M/S Calstar Steel Limited
.....Applicant(s)
Versus
North Eastern Railway
.....Opposite
Party(s)
Counsel for Applicant(s) : Tanmay Agrawal
Counsel for Opposite Party(s) : A.S.G.I., Ajay 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
Bharati Sapru, 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 7.4.2026.
3. Accordingly, Ms. Justice Bharati Sapru, (a Former Judge of this
Court), resident of B-7, Sarojani Apartment, 32, Sarojni Naidu Marg,
City & District - Prayagraj, (U.P) Mobile No. 9450952833 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.
(Piyush Agrawal,J.)
May 7, 2026
Rahul Dwivedi/-
Digitally signed by :-
RAHUL DWIVEDI
High Court of Judicature at Allahabad
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