M A Quahar And 4 Others v. Mohd. Allauddin Saber
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY ARBITRATION APPLICATION Nos.50 and 83 of 2019 COMMON ORDER:
These two applications, under Section 11 (5) and (6) of the Arbitration and Conciliation Act, 1996 (for short, 'the Act') are filed by the applicant as well as respondent against each other seeking to appoint an Arbitrator for resolution of disputes arising out of the partnership deed, dated 12.05.2018 as well as Lease Deed, dated 17.08.2016, entered between them.
2.
Heard the learned counsel appearing for both parties. 3.
Both the counsels submit that since there is existence of an arbitration clause, they want an Arbitrator to be appointed by this Court since there is no consensus between parties in these two matters for resolution of disputes.
4.
Acceding to the request of learned counsel appearing for both the parties, and since there is existence of arbitration clause, both Arbitration Applications have to be allowed. 5.
Accordingly, both the Arbitration Applications are allowed appointing Sri Justice Vilas V.Afzulpurkar, Judge (Retd.), High Court of TS & AP at Hyderabad, as the sole Arbitrator for resolution of disputes between the applicant and the respondent. It is open for both parties to make their individual claim applications before the Arbitrator, in accordance with the provisions and mandate of the Act of 1996. The learned Arbitrator shall be entitled to fees as per the rates specified in the Fourth
Schedule to the Act of 1996, inserted by Act 3 of 2016 with effect from 23.10.2015, which shall be borne by both parties in equal proportion. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed. _______________________ A.RAJASHEKER REDDY,J 19th December, 2019 YVL Mark copy to :: Sri Justice Vilas V.Afzulpurkar, Judge (Retd.), High Court of TS & AP at Hyderabad, Flat Nos.401 & 402, Ruby, Lumbini Rockdale Apartments, Beside Eenadu Office, Somajiguda, Hyderabad- 500 082, (b/o) YVL
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
ARBITRATION APPLICATION Nos.50 and 83 of 2019 Date:19.12.2019 YVL