Allahabad High Court
SHRI ANIL KUMARversusM/S VINAYAKA EXPO PLAZA PVT. LTD.
- Decided
- Bench
- PIYUSH AGRAWAL
Holding
The arbitration application is allowed and Mr. Justice O.P. Garg is appointed as arbitrator under Section 11(8) of the Arbitration and Conciliation Act, 1996.
Summary
Shri Anil Kumar filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator against M/S Vinayaka Expo Plaza Pvt. Ltd. The court examined the consent of former Judge O.P. Garg to act as arbitrator under Section 11(8). Upon satisfaction of the consent, the court appointed Mr. Justice O.P. Garg as the arbitrator, directed that his fees be governed by Schedule IV of the Act, and ordered the registry to forward the order to him. The application for arbitration was consequently allowed. The order also directed electronic transmission of the appointment notice within a week.
Issues considered
- What is the appropriate procedure for appointing an arbitrator under Section 11(8) of the Arbitration and Conciliation Act, 1996?
- Whether the consent of a former judge can be accepted for the role of arbitrator in the present dispute?
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(8), Schedule IV
Subjects
- Arbitration
- Section 11(8)
- Appointment of arbitrator
- High Court of Allahabad
- Consent of arbitrator
- Schedule IV fees
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 73 of 2025
Shri Anil Kumar
.....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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