Krishnaswamy Jagimoggala, Hyd v. M/S Sreenithya Constructions, Hyd

HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN ARBITRATION APPLICATION No.134 OF 2017 ORDER:

The postal article issued containing the notice of these proceedings has been offered to the respondent, shows that it has been left 'unclaimed.' Hence, it is declared that notice to the respondent has been duly served.

2. This is an application for appointment of an Arbitrator seeking requisite measure under Sub-Sections (5) and (6) of Section 11 of the Arbitration and Conciliation Act, 1996 (for short 'Act').

3. Heard the learned counsel for the applicant and perused the material on record.

4. The agreement between the parties is closed. The pleadings disclose existence of arbitration clause. Thus, there is an arbitration agreement in terms of the Act. There are disputes between the parties which have to be resolved through arbitration. Hence, there is necessity to appoint an arbitrator.

5. In the result, the Arbitration Application is allowed appointing Sri G. Gopala Krishna Swamy, Retired District Judge, H.No.3-4-756/1, Flat No.102, Sri Raghavendra Residency, Barkathpura, Hyderabad - 500 027, as Arbitrator to arbitrate on the disputes between the applicant and the respondent and the said Arbitrator shall enter on reference and proceed with, as enjoined by the Act.

As a sequel thereto, Miscellaneous Applications, if any, pending in the Arbitration Application stand closed.

______________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ November 30, 2018.

PV