Smt. Nookala Bharathi v. M/S Etisalat Db Telecom Private Limited,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT
HYDERABAD THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA ARBITRATION APPLICATION No. 96 of 2014 DATE: 30.01.2015 Between:
Smt. Nookala Bharathi & others.
... Applicants And M/s. Etisalat DB Telecom Private Limited, Mumbai & another.
... Respondents This Court made the following:
THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA ARBITRATION APPLICATION No. 96 of 2014 ORDER:
Despite service of notice, none appears for the respondents to oppose this application.
It appears from the records that all the parties have entered into a signed agreement and the arbitration clause reads as follows. "24. Any and all disputes or differences that may arise under or in respect of or in any manner relating to this lease shall be submitted to arbitration under the provisions of the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in Hyderabad and shall be conducted in the English language. The award shall be final and binding upon the parties." It appears from the application that the disputes have arisen between the parties and the same were covered by the aforesaid arbitration clause, which is valid and subsisting, as no counter has been filed.
I therefore appoint Sri Justice K.S. Appa Rao, a retired Judge of this Court, sole Arbitrator, who will adjudicate the disputes between the parties, as may be raised before him. The learned Arbitrator shall fix his own remuneration upon deliberation and consultation with the parties. He shall also estimate the cost and expenses for the secretarial assistance and other incidental expenditure of the arbitration proceedings. The parties will bear the expenses of the arbitration proceedings in equal share. I desire that the learned Arbitrator will complete the arbitration proceedings by making and publishing an award within a period of five months from the date of entering upon the
reference.
The Application is accordingly disposed of.
________________________ Kalyan Jyoti Sengupta, CJ.
Date: 30.01.2015 ES