Sama Srinivas Reddy v. M/S Nspira Management
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY ,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY ARBITRATION APPLICATION NO: 58 OF 2022 Between:
1. Sama Srinivas Reddy, S/o. Yadi Reddy, Aged about 60 years, Occ. Business, FJo 4-51, Shantinagar. Kalwancha, Vanasthalipuram, Hyderabad - 500070
2. Sama Sudhishna, Wo S. Srinivas Reddy, Aged about 55 years, Occ. Housewife, RJo 4-5'1 , Shantinagar, Kalwancha, Vanasthalipuram, Hyderabad - 500070.
...APPLICANTS AND M/s Nspira Management, Rep by its authorized signatory Mr. K.S.Sastry, O/o 1oth Floor, Melange Towers, Sy.No. 80-84 Patrika Nagar, Hitech City, Madhapur, HYderabad - 5ooo8'1 ...RESP'NDENT Arbitration Application Under Section 11 (6) of the Arbitration and Conciliation Act 1996 R/w. Scheme for Appointment of Arbitrators , 1 ggo praying for the reasons stated in the accompanying affidavit filed therewith, the Hon'ble Court may be pleased to i) To appoint an independent arbitral trjbunal with Sole Arbitrator on reasonable fees to resolve the disputes between the applicants and the respondent in relation to the Renewal Lease Deed dated 03/07/2018. ii) To award costs of the Application and Counsel for the Petitioner: M/s. CHERUKU SINDHURA Counsel for the Respondent: NONE APPEARED The Court made the following: ORDER
THE HON'BLE SRI JUSTICE A, ABHISHEK REDDY ARBITRATION APPLICAI'ION No.58 OF 2022 ORDER:
This application is filed under Section 11(6) of the Arbitration anC Conciiiation Act, 7996 (.for short 'the Act'), seeking appointment of an Arbitrator"
2.
Despite service of notice, the respondent has not entered appearance either in person or through an Advocate. 3.
It is the case of the applicants that they are the owners and possessors of the premises, admeasu ring, 38,625 square feet, situated in Survey Nos.2, 4, 6 and 7 of Kalvancha Village, Shantinagar, Kuntloor Grampanchayat, Hayathnagar Revenue Mandal, Ranga Reddy District. The subject premises was taken on lease by the respondent in the year 2013 for ruaning a student hostel. On expiry of the lease period^ the applicants and the respondent entered into a Renewal Lease Deed dated 03.07.2018 for a period of five years. It is stated that by virtue of the Lease Deed dated 03.07.2078, the respondent shall pay the monthly rent on or before 10tt' of every month. \4rhile so, on 14.03.2019, the respondent has sent a notice to the applicants stating that they are unable to continue the iease and that they will vacate the
r-- premises. Though the resporrdent is in possession and enioyment of the premises, they are not paying the monthly rents since May, 2020, even after several reminders. Therefore, the applicants have got issued the Legal Notice dated 12.02.2022 invoking the arbitration clause. Since the respondent did not respond to the said Notice, the applicant has filed the present Application 4.
Heard the learned counsel for the applicants and perused the record.
5.
A perusal of the Renewal of Lease Deed dated 03.07.2018 discloses that Clause 18 thereof contains the arbitration clause, which reads as follows:- "That if any dispute ai*s both tfu pa ies slnukl wttle the matEr amicably through negotiations. lf auld not be resoloed, tfun the dispute can be referred to the sole arbittator appointed by the Les*e. This agreentent is subject to arbitration as per the Arbitratbn and Conciliation Act, 1996. 71rc language of the saiil Arbitration will be English antl the place of Arbitration will be at . All llt disoules resardins this renewal lea* dtetl including any proceedings wlwtsoeaer if initiated in Courts shall be subjecterl to the concemed juistliction."
6.
I am satisfied that the disputes are covered by the arbikation clause. The respondent has not contested the matter and no counter affidavit is filed. There is no dispute as to the
existence of the arbitration agreemcr-rt. h-r the circurnstances, I ar.r.r of the considered view that sole arbirrator can be apooirrted. 8.
In the result, the Arbitration Application ordered iS appointing Sri Justice A. Gopal Reddy, the retired Judge of this Court, as the sole Arbihator to arbitrate on the disputes between the applicants and the respondent and the said arl:itrator shall enter on reference and proceed with, as enjoined by the Act. 9.
The learned Arbitrator shall fix his remuneration as per the statutory provisions. He shall also fix the costs and expenses of the secretarial assistance for the arbiLration proccedings upor-r deliberation and consultation with the parties. All the costs and expenses of the arbitration proceedings shall be borne by both the parties in equal share. The Learned Arbitrator is requested to complete arbitration proceedings, and pass an award at the earliest, preferably within six months from the date of commencement of the arbitral proceedilgs Miscellaneous Applications, if any, pending in the Arbitration Application, shall stand closed. No order as to costs Sd/. C.V,MALLIKARJUNA VARMA JOINT REGI$TRAR //rRUE CoPY/t SECTION OFFICER To, Honourable Sri Justice A. GOPAL REDDY, Retired Judge of High Court for the State of Telangana , Plot No. 511, Phase lll, Road No. 86, Ju-bilee Hills, Hyderabad -33. ( by Specral Messenger) ( along with a copy of affidavit and material papers) One CC to M/s. CHERUKU S|NDHURA, Advocate tOpUCl Two CD Copies NJB $rx
HIGH COURT AARJ DAf ED:3011212022 TE 1t ttt
ORDER
ARBITRATION APPLICATION .No.58 of 2022 \ ORDERING THE ARBITRATON APPLICATION "v) \3 l$-E i