Allahabad High Court
SMT. SUNITA JALANversusMS VINAYAKA EXPO PLAZA PVT. LTD.
- Decided
- Bench
- PIYUSH AGRAWAL
Holding
The Court held that, having obtained the consent of the proposed arbitrator, it could appoint the former judge as arbitrator under Section 11(8) of the Arbitration and Conciliation Act, 1996.
Summary
The applicant, Smt. Sunita Jalan, filed an arbitration application under Section 11(4) of the Arbitration and Conciliation Act, 1996, seeking appointment of a former High Court judge as arbitrator. The court examined the consent given by former Judge O.P. Garg, as required by Section 11(8), and verified that the procedural requirements were satisfied. It noted that the arbitrator’s fees and expenses would be governed by Schedule IV of the Act. The court concluded that the appointment was permissible and in compliance with the law. Consequently, the arbitration application was allowed and the former judge was appointed as arbitrator.
Issues considered
- Whether the consent of a former judge satisfies the requirements of Section 11(8) for appointment as arbitrator
- Whether the arbitration application under Section 11(4) can be allowed in the present circumstances
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(4), 11(8)
Subjects
- Arbitration
- Appointment of arbitrator
- Section 11
- Consent
- High Court
- Schedule IV
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 71 of 2025
Smt. Sunita Jalan
.....Applicant(s)
Versus
Ms 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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