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Allahabad High Court

SMT. SUNITA JALANversusMS VINAYAKA EXPO PLAZA PVT. LTD.

Decided

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

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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