Allahabad High Court
MUKUL PANDE AND ANOTHERversusM/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 of the Arbitration and Conciliation Act, 1996.
Summary
The applicants, Mukul Pande and another, filed an application under Section 11(4) of the Arbitration and Conciliation Act, 1996 seeking the appointment of an arbitrator. The court recorded the consent of former Judge O.P. Garg to act as arbitrator, as per the requirements of Section 11(8). The court then appointed Justice O.P. Garg as the arbitrator, authorising him to determine the dispute and to receive fees as per the Fourth Schedule of the Act. The court directed that a copy of the order be sent to the arbitrator through all permissible modes. Consequently, the arbitration application was allowed and the matter was referred to the appointed arbitrator for resolution.
Issues considered
- Whether the consent of a former judge can be accepted for appointment as arbitrator under Section 11(8) of the Arbitration and Conciliation Act, 1996
- Whether the court can appoint the arbitrator and direct the parties to proceed before him
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(4), 11(8), Fourth Schedule
Subjects
- Arbitration
- Appointment of arbitrator
- Section 11
- Consent of arbitrator
- Fourth Schedule fees
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 72 of 2025
Mukul Pande And Another
.....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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