Virohan Pvt. Ltd. through Its Authorized Representative Mr… — Arbitration | Allahabad HC (2025)

Virohan Pvt. Ltd. through Its Authorized Representative Mr… — Arbitration | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application under Section 11(6) allowed in substance: Court declared it a fit case for appointment of a sole arbitrator and proposed Hon'ble Mr. Justice K.S Rakhra (a former Judge of the Court) as sole arbitrator, subject to his consent under Section 12(5) of the Act of 1996; applicant to furnish complete paper book within a week; further orders listed for 27.10.2025.

Issue for consideration

Whether, the arbitration clause being undisputed and the parties being before the correct jurisdictional High Court, a sole arbitrator should be appointed under Section 11(6) of the Arbitration and Conciliation Act, 1996.

Court's answer

As the arbitration clause was not disputed, the claims were alike, and the parties were before the correct jurisdictional High Court, the Court found the matter a fit case for appointment of a sole Arbitrator.

Ratio / Principle

The Court proposed Hon'ble Mr. Justice K.S Rakhra, a former Judge of the Court, residing at 2/146 Vishesh Khand Gomti Nagar, Lucknow, Phone no.9415011869, to be appointed as sole Arbitrator.

Key takeaways

Learned counsel for the applicant was directed to supply a complete set of the paper book to the Court's office within a week, to be forwarded to the proposed arbitrator for obtaining his consent in terms of Section 12(5) of the 1996 Act, with the matter listed for 27.10.2025.ratio¶19

Detailed headnote1 paragraphs

ARBITRATION — Appointment of arbitrator (S. 11(6), Arbitration and Conciliation Act, 1996): Allahabad High Court (Lucknow Bench, Court No. 7), Jaspreet Singh, J. — Where the arbitration agreement dated 27.08.2024 and its clause 13.1 were undisputed, arbitration stood invoked by notice dated 01.03.2025, and the only deadlock was the parties' inability to agree on the arbitrator's name, the application was held a fit case for appointment of a sole arbitrator. The Court proposed Hon'ble Mr. Justice K.S Rakhra, a former Judge of the Court, as sole arbitrator, directed furnishing of a complete paper book within a week for seeking his consent under S. 12(5) of the 1996 Act, and listed the matter for 27.10.2025. (Decision dated September 12, 2025.)

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CIVIL MISC. ARBITRATION APPLICATION No. - 40 of 2025

Virohan Pvt. Ltd. Through Its Authorized Representative Mr. Siddharth Pandey

.....Applicant(s)

Versus

Shri Ramswaroop Memorial University, Thru. Its Registrar .....Opposite Party(s) Counsel for Applicant(s) : Pushpila Bisht, Jai Priya Swapnil Counsel for Opposite Party(s) : Amit Jaiswal Ojus Law, Nandan Verma

Court No. - 7

HON'BLE JASPREET SINGH, J.

Heard Ms.Shreya Ojha learned counsel appearing under the authority of Ms.Pushpila Bisht learned counsel for the applicant and Sri Aditya Singh learned counsel holding brief of Sri Amit Jaiswal learned counsel for the respondent.

The petition is preferred under Section 11(6) of the Arbitration and Conciliation Act, 1996.

There is no dispute between the parties in so far as the agreement dated 27.08.2024 and existence of the arbitration clause is concerned.

It is also not disputed in terms of the said arbitration clause-13.1, the parties were required to first settle their dispute amicably if the same could not be achieved within 21 days the matter was to be referred to the sole arbitrator.

The parties do not dispute the fact that that there was exchange of emails indicating allegations and counter allegations and thereafter on 01.03.2025, the petitioner had invoked arbitration clause.

There is no denial regarding the receipt of the said notice, however, the parties could not come to common ground regarding the name of the sole Arbitrator, hence the petition.

ARBT No. 40 of 2025

2

In view of the aforesaid, where the arbitration clause is not disputed and that the claims are like and the parties are before the correct jurisdictional High Court, accordingly, this Court finds that it is a fit case for appointment of a sole Arbitrator.

This Court proposes the name of Hon'ble Mr. Justice K.S Rakhra (a former Judge of this Court) , R/o 2/146 Vishesh Khand Gomti Nagar, Lucknow Phone no.9415011869 to be appoint as a sole Arbitrator.

Learned counsel for the petitioner shall provide a complete set of paper book with the office of this Court within a week to be forwarded to the proposed arbitrator for seeking his consent in terms of Section 12 (5) of the Act of 1996.

List on 27.10.2025 for further orders.

(Jaspreet Singh,J.)

September 12, 2025 Harshita

Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench