Allahabad High Court
B D AGARWAL BUILDTECH INDIA PRIVATE LIMITED AND ANOTHERversusENGINEER-IN-CHIEF DIRECTORATE OF CONTRACT MANAGEMENT E8 INTEGRATED HQ OF MINISTRY OF DEFENSE ARMY A
- Decided
- Bench
- PIYUSH AGRAWAL
Holding
The High Court appointed Hon'ble Mr. Justice Pankaj Mithal as arbitrator, allowing the arbitration application.
Summary
B D Agarwal Buildtech India Private Limited and another filed an application under Section 11(4) of the Arbitration and Conciliation Act, 1996 seeking the appointment of an arbitrator to resolve a dispute with the Engineer‑In‑Chief, Directorate of Contract Management, Ministry of Defence. The court examined the consent of Hon'ble Mr. Justice Pankaj Mithal, a former Supreme Court judge, which was submitted on 6 August 2026, and verified that it complied with the requirements of Section 11(8). The court held that the consent was valid and that it had jurisdiction to appoint the arbitrator. Consequently, the court appointed Justice Mithal as the arbitrator and directed that he be entitled to fees as agreed by the parties. The order also directed the court office to inform the arbitrator of his appointment both in writing and electronically.
Issues considered
- Whether the consent of the proposed arbitrator complies with Section 11(8) of the Arbitration and Conciliation Act, 1996
- Whether the High Court has jurisdiction to appoint an arbitrator under Section 11(4) of the Act
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(4), 11(8)
Subjects
- arbitration
- appointment of arbitrator
- Section 11
- consent
- High Court
- defence ministry contract
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 40 of 2024
B D Agarwal Buildtech India Private Limited And Another
.....Applicant(s)
Versus
Engineer-In-Chief Directorate Of Contract Management E8
Integrated Hq Of Ministry Of Defense Army And Another
.....Opposite Party(s)
Counsel for Applicant(s) : Puneet Agarwal
Counsel for Opposite Party(s) : A.S.G.I., Vivek Kumar 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 Pankaj
Mithal, (a Former Judge of the Supreme Court), whose name was proposed to act
as an Arbitrator under Section 11 (8) of Arbitration and Conciliation Act, 1996, vide
order dated 6.8.2026.
3. Accordingly, Hon'ble Mr. Justice Pankaj Mithal, (a Former Judge of the
Supreme Court), resident of R-29, Ground Floor, South Extension - II, New
Delhi - 110 049, Mobile No. 9415216238 (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. Learned Arbitrator shall be entitled to the fee as may be agreed between the parties.
5. In view of the above, the present arbitration application stands allowed.
6. Office to intimate this order to the Arbitrator through normal mode as well as
through electronic mode within a week from today.
September 24, 2026
Rahul Dwivedi/-
(Piyush Agrawal,J.)
Digitally signed by :-
RAHUL DWIVEDI
High Court of Judicature at Allahabad
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