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Allahabad High Court

M/S JITCO OVERSES PRIVATE LIMITEDversusUNION OF INDIA AND OTHERS

Decided

Holding

The court held that the consent was valid and duly appointed Justice Sudhir Narayan Agrawal as arbitrator.

Summary

M/s Jitco Overses Private Limited filed an application under Section 11(4) of the Arbitration and Conciliation Act, 1996 seeking the appointment of an arbitrator to resolve its dispute with the Union of India and others. The court examined the consent of former Allahabad High Court Judge Justice Sudhir Narayan Agrawal to act as arbitrator, as evidenced by his written consent dated 24 March 2026. The court verified that the consent complied with the procedural requirements of Section 11(8) and that the arbitrator’s fees could be determined by mutual consent or the Fourth Schedule of the Act. Finding no impediment, the court appointed Justice Agrawal as the arbitrator and directed the parties to cooperate. The order also directed the court office to inform the arbitrator of the appointment.

Issues considered

  • Whether the consent of Justice Sudhir Narayan Agrawal satisfies the requirements of Section 11(8) of the Arbitration and Conciliation Act, 1996 for appointment as arbitrator.
  • Whether the court can appoint the arbitrator under Section 11(4) of the Act in the present case.

Legislation cited

Subjects

  • Arbitration
  • Appointment of Arbitrator
  • Section 11
  • Consent
  • Arbitration Agreement
  • High Court

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                           ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 34 of 2007

                                    M/S Jitco Overses Private Limited
                                                                                                         .....Applicant(s)
                                                                            Versus
                                    Union Of India And Others
                                                                                                    .....Opposite Party(s)

                                    Counsel for Applicant(s)            :   Alka Srivastava, Amitabh Agarwal, K. Sunil,
                                                                            M J Akhtar, Santosh Kumar Srivastava, V.M.
                                                                            Zaidi, Vijay Prakash
                                    Counsel for Opposite Party(s)       :   K. Sunil, Navaneet Chandra Tripathi, Pranay
                                                                            Krishna, Tarun Verma

                                    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 Sudhir
                                    Narayan Agrawal, Former Judge of Allahabad High Court, whose name was
                                    proposed to act as an Arbitrator under Section 11 (8) of Arbitration and
                                    Conciliation Act, 1996, vide order dated 24.3.2026.

                                    3. Accordingly, Mr. Justice Sudhir Narayan Agrawal, Former Judge of
                                    Allahabad High Court, R/o. 29, C.Y. Chintamani Road, Prayagraj,
                                    (Mobile no. 9415235777) 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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