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Allahabad High Court

FOUNDATION FOR INNOVATION AND RESEARCH IN SCIENCE AND TECHNOLOGYversusCYBERNEXA INFOTECH PRIVATE LIMITED AND ANOTHER

Decided

Holding

The Court held that the consent was valid and appointed Mr. Subodh Agarwal, Retired District Judge, as the arbitrator.

Summary

The applicant, Foundation for Innovation and Research in Science and Technology, filed an arbitration application under Section 11(4) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator. The opposite parties, Cybernexa Infotech Private Limited and another, consented to the appointment of Mr. Subodh Agarwal, a retired District Judge, as the arbitrator. The High Court examined whether the consent was valid and whether the appointment complied with the statutory provisions. Finding the consent proper and the appointment in accordance with Section 11(8) and the Fourth Schedule, the Court ordered the appointment. The arbitrator was granted entitlement to fees and expenses as per the Fourth Schedule. Consequently, the arbitration application was allowed and the matter was referred to the appointed arbitrator.

Issues considered

  • Whether the consent of the parties suffices for appointment of an arbitrator under Section 11(4).
  • Whether the appointment of a retired District Judge complies with the requirements of Section 11(8) and the Fourth Schedule of the Arbitration and Conciliation Act, 1996.

Legislation cited

Subjects

  • Arbitration
  • Appointment of Arbitrator
  • Section 11
  • Consent
  • Fourth Schedule

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                            ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 8 of 2026


                                    Foundation For Innovation And Research In Science And
                                    Technology
                                                                                                           .....Applicant(s)
                                                                            Versus
                                    Cybernexa Infotech Private Limited And Another
                                                                                                      .....Opposite Party(s)

                                    Counsel for Applicant(s)                         :   Sanjay Mishra
                                    Counsel for Opposite Party(s)                    :   Ananya Shukla, Shubham

                                    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. Subodh Agarwal,
                                    Retired District Judge,, whose name was proposed to act as an Arbitrator under
                                    Section 11 (8) of Arbitration and Conciliation Act, 1996, vide order dated 23.4.2026.

                                    3. Accordingly, Mr. Subodh Agarwal, Retired District Judge, R/o 9/50, Judges
                                    Colony, Vaishali, City & District- Ghaziabad (U.P.) (Mob. No.
                                    9412233920/9411022100, Email- [email protected]) 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 through normal mode as well as
                                    email.

                                    May 18, 2026
                                    Rahul Dwivedi/-
                                                                                                     (Piyush Agrawal,J.)




Digitally signed by :-
RAHUL DWIVEDI
High Court of Judicature at Allahabad


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