Allahabad High Court
DR. SUDHEER KUMAR AGRAWALversusM/S VINAYAKA EXPO PLAZA PVT. LTD.
- Decided
- Bench
- PIYUSH AGRAWAL
Holding
The arbitration application is allowed and former Judge O.P. Garg is appointed as arbitrator under Section 11(8) of the Arbitration and Conciliation Act, 1996.
Summary
The High Court of Judicature at Allahabad heard an application under Section 11(4) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator. The court recorded the consent of former Judge O.P. Garg to act as arbitrator and, pursuant to Section 11(8), appointed him to adjudicate the dispute between Dr. Sudheer Kumar Agrawal and M/S Vinayaka Expo Plaza Pvt. Ltd. The court directed that the arbitrator be paid fees and expenses as per the Fourth Schedule of the Act. Consequently, the arbitration application was allowed and the order was to be communicated to the arbitrator by all permissible modes. The registry was instructed to forward a copy of the order to the arbitrator within a week.
Issues considered
- Whether the High Court can appoint an arbitrator under Section 11(8) of the Arbitration and Conciliation Act, 1996.
- Whether the consent of the proposed arbitrator satisfies the statutory requirement for appointment.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(8), Fourth Schedule
Subjects
- Arbitration
- Appointment of Arbitrator
- Section 11
- Fourth Schedule
- High Court procedural order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 70 of 2025
Dr. Sudheer Kumar Agrawal
.....Applicant(s)
Versus
M/S Vinayaka Expo Plaza Pvt. Ltd.
.....Opposite Party(s)
Counsel for Applicant(s) : Atipriya Gautam, Ishir Sripat
Counsel for Opposite Party(s) : Pulkit Kumar Srivastava, Vishesh Rajvanshi
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 O.P. Garg, (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
03.08.2026.
3. Accordingly, Mr. Justice O.P. Garg, (a Former Judge of this Court), resident
of E-48, Sector No. 39, Noida, District - Gautam Buddha Nagar, (U.P) Mobile No.
9818274126 (E-mail 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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