Allahabad High Court
KPC PROJECTS LIMITEDversusM/S. U.P. RAJKIYA NIRMAN NIGAM LIMITED AND 4 OTHERS
- Decided
- Bench
- PIYUSH AGRAWAL
Holding
The arbitration application is allowed and three former High Court judges are appointed as arbitrators under Section 11(8) of the Arbitration and Conciliation Act, 1996.
Summary
The High Court of Allahabad heard an application under Section 11(4) of the Arbitration and Conciliation Act, 1996 filed by KPC Projects Limited seeking appointment of an arbitral tribunal. The court considered the consent of three former High Court judges—Justice Pradeep Kant, Justice Sushil Harkauli and Justice Attau Rahman Masoodi—to act as arbitrators. Relying on Section 11(8) and the Fourth Schedule of the Act, the court appointed the three judges as the arbitral tribunal and ordered that they be entitled to fees and expenses as per the Schedule. The court directed that the order be communicated to the arbitrators by normal means and email. Consequently, the arbitration application was allowed and the dispute is to be resolved by the appointed tribunal.
Issues considered
- Whether the arbitration application under Section 11(4) can be entertained and arbitrators appointed under Section 11(8) of the Arbitration and Conciliation Act, 1996
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(8), 4
Subjects
- arbitration
- appointment of arbitrators
- Section 11
- High Court
- procedural order
- Arbitration and Conciliation Act 1996
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 95 of 2025
Kpc Projects Limited
.....Applicant(s)
Versus
M/S. U.P. Rajkiya Nirman Nigam Limited And 4
Others .....Opposite
Party(s)
Counsel for Applicant(s) : Rahul Mishra, Rajeev Upadhyay
Counsel for Opposite Party(s) : Kaushalendra Nath Singh, Mayuri
Mehrotra, Pranjal Mehrotra
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
Pradeep Kant, Mr. Justice Sushil Harkauli and Mr. Justice Attau
Rahman Masoodi, whose names were proposed to act as Arbitral
Tribunal, under Section 11 (8) of Arbitration and Conciliation Act, 1996,
vide order dated 2.4.2026.
3. Accordingly, Mr. Justice Pradeep Kant, R/o 16, Krishna Colony,
Behind Fatima Hospital, Faizabad Road, Lucknow (Mob. No.
9415216101), Mr. Justice Sushil Harkauli, R/o 4-A, Rani Jhansi
Marg, New Cantt. Prayagraj (Mob. No. 9839054944) and Mr. Justice
Attau Rahman Masoodi, R/o R-1, Nehru Enclave, Vishwas Khand-3,
Gomti Nagar, Lucknow (Mob. No. 9415030947), Former Judges of
High Court, Allahabad are hereby appointed as 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.
ARCO No. 95 of 2025
2
6. Office to intimate this order to the Arbitrator through normal mode as
well as email.
(Piyush Agrawal,J.)
May 18, 2026
Rahul Dwivedi/-
Digitally signed by :-
RAHUL DWIVEDI
High Court of Judicature at Allahabad
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