D. Randhir Reddy v. Mr. Harsha Chigurupati
This judgment came from a scanned document and its text layer is unreliable — words may be garbled. Check the original PDF before relying on any passage.
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY ,THE TWENTY NINTH DAY OF DECETV1BER TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE ARBITRATION APPLICATION NO: 182 OF 2023 Between:
D. Randhir Reddy, S/o. Late D. Jayachandra Reddy, Na, 59 years, Occ. Business, R/o Plot No. 1030, Road No. 51, Jubilee Hills, Hyderabad -500033. ...APPLICANT AND Mr. Harsha Chigurupati, S/o. Mr. Krishna Prasad Chigurupati, A/a. 36 years, Occ. Executive Director, Granules lndia Limibd, R/o. Residential Villa No.5 (Five), EDEN GARDEN'Survey No. 145, Kokapet, Hyderabad, Telangana - 500075 ...RESPONDENT Arbitration Application Under Section 11 (5) & (6) of the Arbitration and Conciliation Act, 1996 R/w. Scheme for Appointment of Arbitrators 2006 praying that this Hon'ble Court may be pleased
1. To appoint a Sole Arbitrator on reasonable fees to resolve the disputes between the Applicant and the Respondent in relation to the lease deed dt. 0711112020, executed between the Petitioner and the Respondent herein.
2. To award costs of the Application, Counsel for the Applicant :SRI. ASAD HUSSAIN Counsel forthe Respondent: SRI D. NEEHARIKAREDDY The Court made the following ORDER:
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE ARBITRA'TION APPLICATION No.182 of 2023 RDER, Heard Mr. Asad Hussain, Iearned counsel for the applicaflt and Ms. D.Neeharika Reddy, learned counsel for the respondent. 2.
This appl,ication under Section 11(6) of the Arbitration and Conciliation Act, 1,996 (briefly 'the A&C Act') has been filed seeking appointment of sole arbitrator to resolve the dispute between the parties.
3.
Admittedly, lease deed dtted 07.LL.2020 was execured between the parties. Clause 14 of the said Lease Deed contains an arbitration clause, which reads as under:
Dispute Resolution/Arbiration:
AII the disputes arising out of ot in connection with this Deed shall be initially resolved by murual discussions between the parties or the nominated tepresentatives of both the parties. In case of disputes not tesolved by mutual discussions, the same shall be referred to the arbitradon in accotdance with the provisions of the Arbittation & Conciliation Act, 1996. The disputes shall be referrcd to thc rnutually agreed Sole Arbitrator. Il-..1:. * is nor possible ro t
appoint mutually agreed Arbiftator, each party shall appoint one Arbitrator cach and the tu/o appointed Arbitrator shall appoint the third Arbitratot. The venue oF the Arbitration shall be at Hyderabad. 'fhe award of thc Arbitrator shall be in English and binding 6nal on both the partics.
4.
Appl-icant sent noticc to the respondent on 01 .06.2023. Rcspondent has sent reply on 01,.08.2023. Thereafter, this application has been filed.
5.
Learned counsel for the respondcnt submitted that the dispute has arisen between the parties. 'l'here[ore, the same requires adjudication under the arbitration clausc 6.
On the other hand, learncd counscl for the rcspondent has not disputed the existence o[ arbitration clause in the agreement 7.
Admittedly, dispute has arisen bctwecn the parties, which requires resolution in the manner agreed to by the parties 8.
Therefore, Mr. C.Hare Iftishna Bhupathi, rctired Principai District and Sessions Judge at L.B.Nagar, Ranga Iteddy District
(resident of Flat No.203, Laxmi Residency, Road No.9, New Nagole Colony, lane by the side of Union Bank of India, Nagole Branch, Ranga Reddy District) is appointed as sole arbitrator ro adjudicate the dispute between the parties.
8.1. Parties shall appear along with a copy of this order before the Arbitrator on20.01..2024 at 11:00 a.m.
Accordingly, the Arbiuation Application is disposed of. No COS tS 10.
Office to communicate a copy of this order to the learned Arbitrator.
Sd/- M.VIJAYA BHASKAR'
JOINT GISTRAR //TRUE COPY// SECTIO OFFICER To 1.
Sri C. Hare Krishna Bhupati, retired Principal. District and Sessions iri# ,'il.e."Nlgar, Ra;A'h;aU District'.R/o' Flat No' 203' Laxmi E::'*ft-*r[,Ti:^X*t:l":f, l?[,i#",lleqv't:"U",'i:i]:ir""H#?il il;;;";s;;ii;tbng ilith a copv 6t,malavit and-miterial papers) i'ri"-6.6. bLs. S6ction, iti;fr coJn for the State of relangana at 2.
Hvderabad.
6;;Cai; sRt. ASAD HUSSAIN, Advocate [oPUc] 3.
One CC to SRl. D. NEEHARIKAREDDY, Advocate IOPUC] 4.
Two CD Copies d.>4 5.
kul
HIGH COURT HCJ DATED:2911212023 STAT€ 9 { 1t1\ I B JTI\ foo ),.: .
ORDER
.ts2 F ARBITATION APPLICATION No.182 of 2023 DISPOSING OF THE ARBITRATION APPLICATION WITHOUT COSTS r.J (.