M/S. Shv Energy India Pvt. Ltd., v. M/S. Thangam Tincans Pvt. Ltd.,

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY ,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY ARBITRATION APPLICATION NO: 195 OF 2021 Between M/s. SHV Energy India Pvt. Ltd., Super Gas House, lVth Floor, SDE Serene Chambers, 8-2-334, Road No. 7, Banjara Hills, Hyderabad- 500 034 Represented by Ritwik Raj, S/o. Mr. Dhananjay Agrawal, Age 24 years, r/o. Hyderabad. ,..APPLICANT AND M/s. Thangam Tincans Pvt. Ltd-, 21, Thiruvottiyur High Road, New Washermenpet, Chennai- 600081.

...RESPONDENT Arbitration Application Under Section 11 (6) of the Arbitration & Conciliation Act, 1996 Rl/w. Scheme for Appointment of Arbitrator, 2000 praying that in the circumstance stated in the affidavit filed therewith, the High Court may be pleased to kindly take the necessary measures for appointment of a sole arbitrator in terms of Clause 15 of the Agreement dated 2711012004 read with Clause 2 in the Renewal Agreement Dt 13/09/2019 to resolve the disputes between the Applicant and the Respondent arising out of the said agreement. Counsel for the Applicant :SRl. R.S. ASSOCIATES Counsel for the Respondent: SRI PRABHAKAR PERI The Court made the following: ORDER

THE HON'BLE SRI ]USTICE B. VIJAYSEN REDDY ARBITRATION APPLICATION No.195 of 2O21 ORDER:

This application is filed by the applicant to appoint a sole arbitrator to resolve the disputes between the applicanl and the respondent in terms of clause 15 of the Agreement dated 27.70.2004 read with clause 2 of the Renewal Aqreement dated 13.09.20 19.

{ 2.

Both the learned counsel for the parties consented for appointment oF arbitrator in terms of clause 15 ol the Agreement dated 27.1O.2004 read with clause 2 of the Renewal Agreement dated 13.09.2019.

3.

Having regard to the fact that there is no dispute with reqard to existence of the arbitration clause in the agreement entered into between the parties, the arbitration application is allowed. 4.

In view of the same, arbitration application is allowed. Mr. K. Sanga Reddy, Retired District Judge, Flat No.l08, H.No.6-122, Babukhans Aneesh Towers, Walkar Town, Padmarao Nagar, Secunderabad - 500025, is appointed as arbitrator to adjudicate the claims and disputes 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 rn 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 shares.

The miscellaneous petitions pending, if any, shall stand l closed. There shall be no order as to costs.

l to'-^o=*iTEtftm8 //TRUE coPY// ,."t,or!rr,".* To

1. Sri K. Sanga Reddy, Retired District Judge, Flat No. 108, H.No. 6-1-22, BaBUKHANS Aneesh Towers, Walkar Town, Padmarao Nagar, Secunderabad - 500025 ( by Special Messenger )( along with a copy of affidavit and material papers)

2. One CC to SRl. R.S. ASSOCIATES Advocate TOPUCI

3. One CC to SRl. PRABHAKAR PERI Advocate IOPUCI

4. Two CD Copies

5. One Spare Copy I\{X /'

/

HIGH COURT DATED:3010612022 ,-.i-- = :. --:'-:- - .irf :; '-"

.. , :..:,.,\ /r--i t:-, 01 [[l 2U?

ORDER

ARB.APPL.llo.l 95 ot 2021 ALLOWING TTIE ARBITRATION APPLICATION.

N/ \sx