Telangana High Court

ARBAPPL/21/2022 of M/s. CHAMUNDI CONSTRUCTIONS Vs M/s. C. SURESH REDDY and CO on 29 December 2023

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COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY , THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI ARBITRATION APPLICATION NO:21 OF 2O22 Between: M/r;. ( hamundi Constructions, Office at. No. l0-1-214lA1 . A2, Sai Nivas

IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD

FRIDAY ,THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE

PRESENT

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

ARBITRATION APPLICATION NO:21 OF 2O22

Between:

M/r;. [( ]hamundi Constructions, Office at. No. l0-1-214lA1 . A2, Sai Nivas Above StateBark of lndia, 3rd Floor, West Marredpally, Secunderabad 500 026 Rep. byManaging Partner Sri.M.Nageswara Rao.

... PETITIONER

AND

M/s ;. SURESH REDDY and CO, Represented by its Partner C.Sukesh Reddy,Oflice at Plot No.'1364, Road N.45, Jubilee Hills, Hyderabad 500 033.

...RESPONDENT

Arbitration Application Under Section 11 (6) of the Arbitration andConc liation Act, 1996 praying that this Hon'ble Court may be [pleased ]to appoint [a]Sole Arbitrator of the Hon'ble Court's choice to adjudicate the disputes anddrfler.:nces between the Petitioner and the Respondent in terms the disputeresolr tion/arbitration clause 21 of the Sub Contract Agreement dated 1110412018in the interest of [justice.]

Coun ,el for the Applicant : SRl. S. V. S. CHOWDARY

Coun,;el for the Respondent: SRI Y. SREE RAGHAVA RAO(No representation )

The Court made the following ORDER:

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILIAR ITRAT ON APPLICATI ON No. 10F2o22

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ORDER:

This application, under Section 11(6) of the Arbitration and Conciliation Act, 1996, is filed by the applicant seeking toappoint an Arbitrator.appoint an Arbitrator.

2. Heard Sri S.V.S. Chowdary, learned counsel for thea [pp ]lica n t.

3. Learned counsel for the applicant had contended for the applicant had contended the applicant had contended applicant had contended contended thatthe respondent is the main contractor, who was entrustedwith railway work. The respondent, in turn, sub_contractedthe work to the applicant by way of Sub-Contract Agreement,dated 11.04.2018. Though the applicant executed the workon behalf of the respondent, the respondent is not setfling theamounts payable to the applicant. Learned counsel has drawnthe attention of this Court to the Sub-Contract Agreement,dated 11.04.2019, and contended that as per the saidagreement, there is an arbitration clause i.e. Clause No.21,which deals with arbitration proceedings and that if there isany dispute between the applicant and the respondent, thedispute has to be resolved through arbitration by referring the Learned counsel for the applicant had contended for the applicant had contended the applicant had contended applicant had contended contended that I

2AKS,JArb.Apl.No.2l ol'2022dispute to an Arbitrator. Therefore, the applicant has sentlegal notice, dated 07.12.2021, to the respondent to refer thedispute to an Arbitrator. But, so far, the [respondent ][has]neither appointed an Arbitrator nor referred the dispute to anArbitrator. In those circumstances, the [present ]ArbitrationApplication is filed.

4.

4. Learned counsel for the applicant had further contendedthat on several occasions, there was no representation [on]behalf of the respondent. Today also, there is [no]representation on behalf of the respondent and the learnedcounsel for the respondent has merely filed vakalat on behalfof the respondent and he is not appearing before this [Court.]Therefore, appropriate orders be [passed ]in the ArbitrationApplication by appointing an Arbitrator to adjudicate [the]dispute between the [parties ]in terms of the arbitration [clause]in the Sub-Contract Agreement, dated 11.04.2018.

5. This Court, having considered the submissions made considered the submissions made the submissions made submissions made bythe learned counsel for the applicant, is oF the consideredview that an Arbitrator can be appointed to adjudicate thedispute between the [parties.]

This Court, having considered the submissions made considered the submissions made the submissions made submissions made by

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JAKS,JArb.Apl.No.2l of2022

6. Accordingly, the Honourable Sri Justice p. Naveen Rao,retired Judge of this Court, is appointed as an Arbitrator toadjudicate the dispute between the parties, in terms ofarbitration Clause No.21 of the Sub-Contract Agreement,dated 11.04.2018.

7. The Arbitration Application is, accordingly, disposed of.There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in thisa [p ]p lication sha ll stand closed.a [p ]p lication sha ll stand closed.

SD/-M. VIJAYA BHASKERJOINT REGIYTRAR//TRUE COPY//sEcnoN b'TFFtcER

To

1. Sri Justice P. Naveen Rao, retired Judge of the High Court for the State ofTelangana , Block No. I , Nyayavihar Complex, Road No. 78 , Narne Road,Jubilee_ Hills, Hyderabad - 500 033. ( By Special Messenger) ( Along with acopy of affidavit and material papers)Telangana , Block No. I , Nyayavihar Complex, Road No. 78 , Narne Road,Jubilee_ Hills, Hyderabad - 500 033. ( By Special Messenger) ( Along with acopy of affidavit and material papers)

2. One CC to SRl. S. V S. CHOWDARY, Advocate [OPUC]

3. One CC to SRl. Y. SREE RAGHAVA RAO, Advocate [OPUC]

4. Two CD Copies

HIGH COURTAKSJDATED:2911212023

ORDER

ARBITRATION APPLICATION No.21 of 2022

6TE [OF]oIztr\\\[lss]tt+ooHIDc5(,tr1

DISPOSING OF THE ARBITRATION APPLICATIONWITHOUT COSTS

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