Mr. Mohd. Abdul Sohel v. M/S. Noble Realtors (Regd. Partnership Finn)
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAO FRIDAY THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE THE CHIEF JUSTICE ALOK ARADHE ARBITRATION APPLICATION NO: 189 OF 2023 Between:
Mr. Mohd. Abdul Sohel, S/o. Md. Abdul Sami, Aged about 35 years old, Occ. Business, Ryo, H.No. 10-3-36/3, Sami Cottage, Humayun Nagar, Opp. Panchavati Colony, Humayun Nagar, Hyderabad, TS - 50O 264. ...APPLICANT r 1t AND M/s. Noble Realtors (Regd. Partnership Firm), Having its Registered office at, H.No. 1-2612 and 1-261211, Cellar Floor, Gachibowli, Serilingampally Mandal, Hyderabad, TS - 500032. Rep. by its Managing Partner Mr. Mohd Abdul Nayeem Pasha.
Mr. Mohd. Abdul Nayeem Pasha, S/o, Mohd. Abdul Aziz, Aged about 42 years old, Occ. Business, No. 'l-6-922, Musheerabad, Hyderabad, Telangana - 500020.
...RESPONOENTS Arbitration Application Under Section 11 (5) & (6) of Arbitration and Conciliation Act, 1996 Fl/w. Scheme for Appointment of Arbitrator,1996 praying that-the circumstances stated in the affidavit filed There in this Hon'ble Court may {p pleased to appoint Sole Arbitrator to adjudicate all the Claims and disputes between the Applicant and Respondents as per Partnership Deed dated 29.09.2018. and ii) To award the costs of the present application. Counsel for the Petitioner : Mr. G. SHASHANK RAO Rep., MT. SAI CHANDRA HAAS Counsel for the Respondents : .....
The Court made the following : ORDER
THE HON'BLE THE CHTEF JUSTICE ALOK ARA.DHE ARBITRATION APPLICATION No. 189 of 2o23 ORDER..
Mr. G.Shashank Rao, learned counsel represents Mr. Sai Chandra Haas, learned counsel for the applicant.
2. This application under Section I I (6) of the Arbitration and Conciliation Act, 1996 (briefly the A&C Act' hereinafter) has been filed seeking appointment of an arbitrator to adjudicate the dispute between the parties.
3. Admittedly, the parties have executed a partnership deed dated 29.09.2018. Clause 18 of the said deed reads as under:
"AIl the matter in dispute in relation to the partnership business arising at any time either during tl.e substance of partnership or after its determination shall be referred to arbitration according to the provisos of the Arbitration Act.
) 4 .
The dispute has arisen between the parties which requires to be adjudicated in terms of clause 18 of the partnership deed dated 29.09.2018 executed by the parties.
5.
Therefore, Sri Ravi Shankar Jha, former Chief Justice of Punj ab and Haryana High Court (resident of I{.No.913 (old 868), Wright Town, Pandit Lajja Shanker Jha Road, Gole Bazar, Jabalpur- 482 OO2, Madhya Pradesh; Mobile No: 9425153362; Ernatl id: jrsjha@gmail'com) is appointed as sole arbitrator to adjudicate the dispute between the Parties.
6.
The parties undertake to appear before the sole arbitrator on 03.03.2024 at 1 1:OO a.m. along with a copy of this order.
Thereupon, the sole arbitrator shall proceed with the arbitral proceedings in accordance with law 8.
Accordingly, the Arbitration Application 1S No costs.
disposed of.
a 9 .
Office to communicate a copy of this order to the learned Arbitrator.
As a sequel, miscellaneous petitions, pending if any, stand closed.
SDTC.V. MALLIKARJUNA VARMA JOINT REGISTRAR //TRUE COPY// wSECTION OFFICER ,,,,4.
1. Hon'ble justice Ravi Shankar Jha, former Chief Justice of Punjab and Haryana High Court (resident of H. No. 913(old 868), Wright Town, Pandit Lajja Shanker Jha Road, Gole Bazar, Jabalpur - 482OO2, Madhya Pradesh; Mobile No. 9425153362, Email ld: jrsjha@gmail.com. (By Speed Post) (Along with a Copy of affidavit and material papers)
2. One CC to Mr. SAI CHANDRA HAAS, Advocate [OPUC]
3. Two CD Copies To, i DL MY s !ilr-t
i HIGH COURT DATED:09/02/2024 :
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ORDER
ARBAPPL.No.I89 of2023 ,,..1 i:{* a{ J J) 1 I FiB 202[ i () * n 5 PA.1 ct* La t) t:
'i +,,ffi ARBITRATION APPLICATION IS DISPOSED OF a o 640+'