Telangana High Court
ARBAPPL/58/2022 of Sama Srinivas Reddy Vs M/s Nspira Management on 30 December 2022
COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY , THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY ARBITRATION APPLICATION NO: 58 OF 2022 Between: 1. Sama Srinivas Reddy, S/o. Yadi Reddy, Aged about 60 years, Occ. Business, FJo
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
FRIDAY ,THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY
ARBITRATION APPLICATION NO: 58 OF 2022
Between:
1. Sama Srinivas Reddy, S/o. Yadi Reddy, Aged about 60 years, Occ. Business,FJo 4-51, Shantinagar. Kalwancha, Vanasthalipuram, Hyderabad - 500070FJo 4-51, Shantinagar. Kalwancha, Vanasthalipuram, Hyderabad - 500070
2. Sama Sudhishna, Wo S. Srinivas Reddy, Aged about 55 years, Occ.Housewife, RJo 4-5'1 , Shantinagar, Kalwancha, Vanasthalipuram, Hyderabad- [500070. ]...APPLICANTSHousewife, RJo 4-5'1 , Shantinagar, Kalwancha, Vanasthalipuram, Hyderabad- [500070. ]...APPLICANTS
AND
M/s Nspira Management, Rep by its authorized signatory Mr. K.S.Sastry, O/o 1othFloor, Melange Towers, Sy.No. 80-84 Patrika Nagar, Hitech City, Madhapur,HYderabad - 5ooo8'1 Floor, Melange Towers, Sy.No. 80-84 Patrika Nagar, Hitech City, Madhapur,HYderabad - 5ooo8'1
...RESP'NDENT
Arbitration Application Under Section 11 (6) of the Arbitration andConciliation Act 1996 R/w. Scheme for Appointment of Arbitrators , 1 [ggo]praying for the reasons stated in the accompanying affidavit filed therewith, theHon'ble Court may be pleased to
i) To appoint an independent arbitral trjbunal with Sole Arbitrator onreasonable fees to resolve the disputes between the applicants and therespondent in relation to the Renewal Lease Deed dated 03/07/2018.ii) To award costs of the Application and Counsel for the Petitioner: M/s. CHERUKU SINDHURA
Counsel for the Respondent: NONE APPEARED
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE A, ABHISHEK REDDY
ARBITRATION APPLICAI'ION No.58 OF 2022
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ORDER:
This application is filed under Section 11(6) of theArbitration anC Conciiiation Act, 7996 [(.for ]short 'the Act'),seeking appointment of an Arbitrator"2. Despite service of notice, the respondent has not enteredappearance either in person or through an Advocate.3. It is the case of the applicants that they are the owners andpossessors of the premises, admeasu ring, 38,625 square feet,situated in Survey Nos.2, 4, 6 and 7 of Kalvancha Village,Shantinagar, Kuntloor Grampanchayat, Hayathnagar RevenueMandal, Ranga Reddy District. The subject premises was takenon lease by the respondent in the year 2013 for ruaning a studenthostel. On expiry of the lease period^ the applicants and therespondent entered into a Renewal Lease Deed dated 03.07.2018for a period of five years. It is stated that by virtue of the LeaseDeed dated 03.07.2078, the respondent shall pay the monthly renton or before 10tt' of every month. \4rhile so, on [14.03.2019, ][the]respondent has sent a notice to the applicants stating that they areunable to continue the iease and that they will vacate the premises. Though the resporrdent is in possession and enioymentof the premises, they are not paying the monthly rents since May,2020, even after several reminders. Therefore, the applicants havegot issued the Legal Notice dated 12.02.2022 invoking thearbitration clause. Since the respondent did not respond to thesaid Notice, the applicant has filed the present Application
4. Heard the learned counsel for the applicants and perusedthe record.
5. A perusal of the Renewal of Lease Deed dated 03.07.2018discloses that Clause 18 thereof contains the arbitration clause,which reads as follows:-
"That if any dispute ai*s both tfu pa ies slnukl wttle thematEr amicably through negotiations. lf auld not be resoloed, tfunthe dispute can be referred to the sole arbittator appointed by theLes*e. This agreentent is subject to arbitration as per the ArbitratbnmatEr amicably through negotiations. lf auld not be resoloed, tfunthe dispute can be referred to the sole arbittator appointed by theLes*e. This agreentent is subject to arbitration as per the Arbitratbnand Conciliation Act, 1996. 71rc language of the saiil Arbitrationwill be English antl the place of Arbitration will be at. All llt disoules resardins this renewal lea* dtetlincluding any proceedings wlwtsoeaer if initiated in Courts shall besubjecterl to the concemed juistliction."will be English antl the place of Arbitration will be at. All llt disoules resardins this renewal lea* dtetlincluding any proceedings wlwtsoeaer if initiated in Courts shall besubjecterl to the concemed juistliction."
6. I am satisfied that the disputes are covered by thearbikation clause. The respondent has not contested the matterand no counter affidavit is filed. There is no dispute as to the I
existence of the arbitration agreemcr-rt. h-r the circurnstances, I ar.r.rof the considered view that sole arbirrator can be apooirrted.
8. In the result, the Arbitration ApplicationiSorderedappointing Sri Justice A. Gopal Reddy, the retired Judge of thisCourt, as the sole Arbihator to arbitrate on the disputes betweenthe applicants and the respondent and the said arl:itrator shallenter on reference and proceed with, as enjoined by the Act.
9. The learned Arbitrator shall fix his remuneration as per thestatutory provisions. He shall also fix the costs and expenses ofthe secretarial assistance for the arbiLration proccedings upor-rdeliberation and consultation with the parties. All the costs andexpenses of the arbitration proceedings shall be borne by both theparties in equal share. The Learned Arbitrator is requested tocomplete arbitration proceedings, and pass an award at theearliest, preferably within six months from the date ofcommencement of the arbitral proceedilgs Miscellaneous Applications, if any, pending in theApplication, shall stand closed. closed. No order as to costsorder as to costsas to coststo costsSd/. C.V,MALLIKARJUNA VARMAJOINT REGI$TRAR//rRUE CoPY/t ISECTION OFFICER
Arbitration Application, shall stand closed. closed. No order as to costsorder as to costsas to coststo costs To,1Honourable Sri Justice A. GOPAL REDDY, Retired Judge of High Court forthe State of Telangana , Plot No. 511, Phase lll, Road No. 86, Ju-bilee Hills,Hyderabad -33. ( by Specral Messenger) ( along with a copy of affidavit andmaterial papers)the State of Telangana , Plot No. 511, Phase lll, Road No. 86, Ju-bilee Hills,Hyderabad -33. ( by Specral Messenger) ( along with a copy of affidavit andmaterial papers)
One CC to M/s. CHERUKU S|NDHURA, Advocate tOpUCl
Two CD Copies
HIGH COURT
AARJDAf ED:3011212022
ORDERARBITRATION APPLICATION .No.58 of 2022
ORDERING THE ARBITRATON APPLICATION
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