Allahabad High Court
SUNIL HITECH ENGINEERS LIMITEDversusBHARAT HEAVY ELECTRICALS LIMITED
- Decided
- Bench
- PIYUSH AGRAWAL
Holding
The court appointed former Judge O.P. Garg as arbitrator, finding that his consent satisfied the requirements of Section 11(4) of the Arbitration and Conciliation Act, 1996.
Summary
Sunil Hitech Engineers Ltd filed an application under Section 11(4) of the Arbitration and Conciliation Act, 1996 seeking the appointment of an arbitrator to resolve its dispute with Bharat Heavy Electricals Ltd. The court examined the consent of former High Court Judge O.P. Garg to act as arbitrator, as evidenced by his written consent filed on 23.04.2026. Satisfied that the statutory requirements were met, the court appointed Mr. Justice O.P. Garg as the arbitrator and directed that he be entitled to fees and expenses as per Schedule IV of the Act. The order also directed the court office to inform the arbitrator of his appointment. Consequently, the arbitration application was allowed, and the matter was referred to the appointed arbitrator for adjudication.
Issues considered
- What is the appropriate procedure for appointing an arbitrator under Section 11(4) of the Arbitration and Conciliation Act, 1996?
- Has the consent of the proposed arbitrator been validly obtained as required by law?
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(4), 11(8)
Subjects
- Arbitration
- Appointment of arbitrator
- Section 11
- Consent of arbitrator
- Schedule IV fees
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 8 of 2022
Sunil Hitech Engineers Limited
.....Applicant(s)
Versus
Bharat Heavy Electricals Limited
.....Opposite
Party(s)
Counsel for Applicant(s) : Aishwarya Pratap Singh
Counsel for Opposite Party(s) : Apurva Hajela
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, Former Judge of High Court, Allahabad, whose name was
proposed to act as an Arbitrator under Section 11 (8) of Arbitration and
Conciliation Act, 1996, vide order dated 23.04.2026.
3. Accordingly, Mr. Justice O.P. Garg, Former Judge of High Court,
Allahabad, R/o E-48, Sector No. 39, NOIDA, UP (Mob. No.
9818274126) is hereby appointed as an Arbitrator. He 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 and Conciliation Act, 1996.
5. In view of above, the present arbitration application stands allowed.
6. Office to intimate this order to the Arbitrator.
(Piyush Agrawal,J.)
May 18, 2026
Abhishek Gupta
Digitally signed by :-
ABHISHEK GUPTA
High Court of Judicature at Allahabad
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