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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

Holding

The arbitration application is allowed and Justice Pankaj Mithal is appointed as arbitrator under Section 11(8) of the Arbitration and Conciliation Act, 1996.

Summary

The applicants, B D Agarwal Buildtech India Private Limited and another, filed an arbitration application under Section 11(4) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator. The respondents, the Engineer‑In‑Chief Directorate of Contract Management (E8) and others, opposed the application. The court recorded the consent of former Supreme Court Judge Pankaj Mithal to act as arbitrator under Section 11(8) of the Act. The court then appointed Justice Mithal as the arbitrator, authorising his fee to be determined by the parties. Consequently, the arbitration application was allowed and the matter was referred to the appointed arbitrator for resolution.

Issues considered

  • Whether the arbitration application filed under Section 11(4) of the Arbitration and Conciliation Act, 1996 can be entertained and an arbitrator appointed under Section 11(8).

Legislation cited

Subjects

  • Arbitration
  • Appointment of Arbitrator
  • Section 11
  • High Court of Allahabad
  • Contract Management
  • Ministry of Defense

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                            ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 41 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 2 Others
                                                                                                       .....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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