M/s Sumerganj and Company through proprietor Madan Mohan… — Arbitration | Allahabad HC (2026)

M/s Sumerganj and Company through proprietor Madan Mohan… — Arbitration | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Application allowed; Shri Deepak Kumar (Retired Additional District Judge) proposed for appointment as Arbitrator, subject to his consent; Office directed to issue a letter to the proposed arbitrator for obtaining his consent; matter to be listed after receipt of consent.

Issue for consideration

Whether an arbitrator should be appointed under Section 11(6) of the Arbitration and Conciliation Act to adjudicate the disputes between the parties arising out of the agreements dated 12.06.2023 and 09.06.2023. +1 more

Court's answer

The application under Section 11(6) of the Arbitration and Conciliation Act deserves to be allowed.

Ratio / Principle

Prima facie, the submission that the agreement, having been executed through the GeM portal in electronic mode, did not require physical signatures finds force for the limited purpose of appointment of an arbitrator.

Key takeaways

It will be open to the parties to raise all pleas regarding the validity of the agreement between them before the arbitrator.ratio¶18
The Court proposed Shri Deepak Kumar (Retired Additional District Judge), resident of 3/310, Vinamra Khand, Gomti Nagar, Lucknow, to be appointed as Arbitrator for adjudication of the dispute between the parties, subject to his consent.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Subhash Vidyarthi, J. — Application under Section 11(6) of the Arbitration and Conciliation Act by M/s Sumerganj And Company (through proprietor Madan Mohan Mishra) for appointment of an arbitrator to decide disputes arising out of agreements dated 12.06.2023 and 09.06.2023 with the opposite parties (Apar Mukhya Adhikari, Jila Panchayat, Sitapur & Anr.). The opposite parties objected that the arbitration agreement had not been duly signed; the applicant contended that the agreement was executed through the GeM portal in electronic mode and therefore physical signatures were not required. Held, prima facie, that this submission found force for the limited purpose of appointment of an arbitrator, with all pleas regarding the validity of the agreement left open to be raised before the arbitrator. Application allowed; Shri Deepak Kumar, Retired Additional District Judge, proposed as arbitrator subject to his consent, with the Office directed to obtain his consent and the case to be listed after receipt of consent.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CIVIL MISC. ARBITRATION APPLICATION No. - 14 of 2025

M/S Sumerganj And Company Through Proprietor Madan Mohan Mishra

.....Applicant(s)

Versus

Apar Mukhya Adhikari, Jila Panchayat, Sitapur And Anr. .....Opposite Party(s) Counsel for Applicant(s) : Mrinal Tripathi, Birendra Narain Shukla Counsel for Opposite Party(s) : Abhishek Tiwari

Court No. - 17

HON'BLE SUBHASH VIDYARTHI, J.

Case called out.

Shri Birendra Narain Shukla, the learned counsel for the applicant is present.

The cause list shows name of Shri Abhishek Tiwari, Advocate as the learned counsel for the opposite party but neither he is present nor has any request for adjournment of the case been made on his behalf.

Accordingly, the Court proceeds to examine the records and pass appropriate orders.

By means of the instant application filed under Section 11(6) of the Arbitration and Conciliation Act, the petitioner has sought appointment of an arbitrator to decide the dispute between the parties arising out an agreement dated 12.06.2023 and 09.06.2023.

The opposite parties have filed preliminary objection/short counter affidavit stating that arbitration agreement in question has not been duly signed by the parties.

In response to the aforesaid preliminary objection, the learned counsel for the applicant has stated that the agreement was executed through Gem portal, through electronic mode and, therefore, physical signatures were not required on the agreement.

ARBT No. 14 of 2025

2

Prima facie , I find force in the aforesaid submission of the learned counsel for the applicant for the limited purpose of appointment of an arbitrator. However, it will be open for the parties to raise all the pleas regarding validity of the agreement between the parties before the arbitrator.

Accordingly, this Court is of the view that the application deserves to be allowed.

The Court proposes the name of Shri Deepak Kumar (Retired Additional District Judge) R/o 3/310, Vinamra Khand, Gomti Nagar, Lucknow to be appointed as an Arbitrator for adjudication of the dispute between the parties.

The Office is directed to issue a letter to the proposed arbitrator for obtaining his consent.

List after receipt of consent.

January 12, 2026 -Amit K-

(Subhash Vidyarthi,J.)

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