M/S. Anmol Constructions v. Dondeti Mounisha Reddy

[ 3183 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY THE TWENry SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY ARBITRATION APPLICATION NO: 126 OF 2022 Between:

M/s. ANMOL CONSTRUCTIONS, Office at Flat No.203, Hema Durga Ptaza, Miyapur, Allwyn X Roads, R.R. District, T.S. Rep. by its Managing Pahner Shri S.Prakash, S/o. Late Chandrashekar, Aged about 47 yearc, Occ. Business, R/o. E801, Ashwitha Mahendra Life Spaces, KPHB 4th Phase, Kukatpally, Hyderabad. ...APPLICANT AND 1 . DONDETI MOUNISHA REDDY, W/o. T.Abhilash Reddy, D/o. Dondeti Marreddy, Age 30 years, Occ. Housewife, Rep. by her GPA holder D.Marreddy.

2. D.MARREDDY, S/o. Late Show Reddy, Age 62 years, Occ..Business, Both R:/o. H.No.13-6-432/28/8, Srinivasa Nagar, Mehdipatnam, Hyderabad. .-.RESPONOENTS Application under section 1 1(5) & (6) of the Arbitration and Concjtiation Act, 1996 and Scheme of Appointment of Arbitrators 2001|2 praying that in the Circumstances stated in the affidavit filed therewith, the High Court may be pleased to direct the respondents to appoint an Arbitrator as per Clauses No.15 (h), 13 (h) and 14 (h) of the three DAGPAs and in the alternative this Honble court may be pleased to appoint any Arbitrator in the interest of justice for resolving the disputes arising under afore said three DAGPAS.

This application coming on for hearing, upon perusing the Application and affidavit filed in support thereof and upon hearing the arguments of Sri KOPPULA GOPAL, Advocate for the Applicant and of Sri RAJESH MADDY, Advocate for the Respondents.

The Court made the following:

THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY ARBITRATION APPLICATION No.126 OF 2022 ORDER:

This application is filed by the applicant to direct the respondents to appoint an arbitrator in terms of clause nos.15 (h), 13 (h) and 1 (h) of the three development agreements-cum- irrevocable general power of attorney dated 10.O3.2O21 , 25.02.2022 and 25.02.2022, respectively, or alternatively to appoint an arbitrator to resolve the disputes between the applicant and the respondents arising out of the said three development agreements.

2.

Learned counsel for the respondents submitted that there are three development agreements in respect of three contiguous properties and expressed no objection if a single arbitrator is appointed for resolving the disputes arising out of the three development t agreements i.e., development agreement-cum-irrevocable general power of attorney bearing document No.'12004 of 2021 dated 1O.O3.2021, the development agreement-cum-irrevocable general power of attorney bearing document No.76873 of 2022 daled 25.02.2022, and the development agreement-cum-irrevocable general power of attorney bearing document No.650 o'f 2022 dated 25.02.2022.

\ -) 3.

Learned counsel for the applicant agreed for appointment of single arbitrator

4. ln view of the same, arbitration application is allowed. Smt. G. Udaya Gowri, Retired District Judge, Rl/o. H.No.7-1-276121 , Balkampet, Hyderabad 500038, is appointed as arbitrator to adjudicate the claims and counter claims between the parties and to pass an award in accordance with law.

5. The learned Arbitrator is entitled to fees as per the rates specified in the Fourth Schedule to the Arbitration and Conciliation Act, 1996, inserted by Act 3 of 2016 with effect from 23.10.2015, which shall be borne by both parties in equal shares.

As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed.

Sd/. B.SATYAVATHI DEPUTY REGISTRAR qD //TRUE COPY// SECTION OFFICER To, R/o H.No. 7-1-276121, Balkampel'

'l . Smt. G. Udaya Gowri retired District Judge' Hyderabad-520038 Arbitration Application Affidavit and material papers filed with a copy of A A (By Special Messengeo

2. one CC to Sri KoPPULA GOPAL' Advocate [OPUC)

3. One CC to Sri RAJESH MADDY, Advocate [OPUC]

4. Two CO Copies Dtil

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t/ OROER * oasrAi ARBAPPL.No.126 ot 2022 ARBITRATION APPLICATION IS ALLOWED n ( 71 I rlur