Sri Sai Krishna Constructions v. Harvins Constructions (P) Limited

a3t71l HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY,THE NINETEENTH DAYOF APRIL TWO THOUSAND AND TWENry FOUR PRESENT THE HONOURABLE THE CHIEF JUSTICE ALOK ARADHE ARBITRATION APPLICATION NO: 222 oF m23 Between:

Sri Sai Krishna Constructions, Ref. by its Managing Partner Smt. G. Prathima, Wo. G. MuraliKrishna Reddy, aged 54 years, Office at Flat No.301' Dhruva-1, Srinivasa Village, Yousufguda, Hyderabad-500033, ...Applicant AND Harvins Constructions (P) Limited, Represented by A. Vamsee Krishna, H.No. 8-232AH, Road No.3, BanjaraHills, Hyderabad-500034.

...Respondent

Arbitration Application filed under Section 11(5) & (6) of the Arbitration and Conciliation Act, 2006 r/w Scheme for Appointment of Arbitrator' 2006 praying that for the reasons stated in the accompanying affidavit, the High Court may be pleased i) To appoint an arbitral tribunal consisting of sole arbitrator to adjudicate the claims and disputes between the applicant and the respondent pursuant to Sub-contract agreement Dated 19/03/2014 entered into between the parties; and ii) To award the costs of the application.

Counsel for the Applicant : Sri D. Vijaya Chandra Reddy representing Ms. D. Neeharika ReddY Counsel for the Respondent : Sri V. Ravinder Rao, Senior Counsel RePresenting Ms. Sunita Nawandar The Court made the following: ORDER

THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE ARBITRATION APPLICATIO N No.222 of 2o23 ORDER..

Mr. D. Vij aya Chandra Reddy, learned counsel represents Ms. D. Neeharika Reddy, learned counsel for the applicant. Mr. V. Ravinder Rao, learned Senior Counsel represents Mr. Vivek Jain, learned counsel for the respondent. 2.

This application is fiIed under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator to resolve the disputes between the parties. 3.

Heard the learned counsel for the parties.

4.

The parties have admittedly entered into Sub-Contract Agreement on 19.03.2014. Clause 13 of the aforesaid agreement contains an arbitration clause, which is extracted below for the facility of reference.

( ( '13. In case of any dispute or difference of opinion between the parties hereto, the same shall be referred to an A-rbitrator whose award shall be binding on the parties hereto." 5.

Learned counsel for the parties jointly submit that the disputes involved between the parties be referred for adjudication in the manner agreed to by the parties.

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6. In view o[ the aforesaid joint submission, Justice A. Venkateshwara Reddy, a former Judge of this Court (resident of Flat No.5O2, Nitish Castel, Narasimhapuri Colony, Besides Sai Saljeevani Hospital, Kothapet, Hyderabad, Mobile No'81435r774o) is appointed as an arbitrator to adjudicate the dispute between the parties.

7.

The parties undertake to app€ar before the sole arbitrator on 04.O5.2O24 at 1l:OO a.m. along with a copy of this order. 8.

Thereupon, the sole arbitrator shall proceed with the arbitral proceedings in accordance with law.

9.

Accordingly, the arbitration application is allowed. Miscellaneous applications pending, if any, shall stard closed. No order as to costs.

Sd/. B.S. CHIRANJEEVI JOINT REGIST,RAR I I ,l\l / tv //TRUE COPY// SECTION OFFICER To,

1. Justice A. Venkateshwara Reddy, a former Judge Telangana High Court (resident of Flat l'.1o.502, Nitish Castel, Narasimhapuri Colony, Besides Sai Sanjeevani Hospital, Kothapet, Hyderabad, Mobile No. 8143517740) (along with a copy of affidavit and material papers) (By special messenger).

2. One CC to Ms. D. Neeharika Reddy, Advocate IOPUC]

3. One CC to lt//s. Sunita Nawandar, Advocate [OPUC]

4. Two CD Copies NJBftam \

HIGH GOURT DATED:1910412024 -tl{ s $t 3 o hP$ 2ul lco c _),

ORDER

-.t ARBAPPL.No.222 of 2023 ].

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ALLOWING THE ARBITRATION APPLICATION 22tq\9-rl