Telangana High Court
ARBAPPL/319/2024 of M/s. Akash Builders Vs Kalva Nischal Kumar on 16 April 2026
COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY ARBITRATION APPLICATTON NO: 319 OF 2024 [ 3378 I ..APPLICANT of Attorney dated 19-02-2007 bearing Document Between AND M/s. Akash
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THURSDAY, THE SIXTEENTH DAY OF APRIL
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE P.SAM KOSHY
ARBITRATION APPLICATTON NO: 319 OF 2024
[ 3378 I
..APPLICANT
of Attorney dated 19-02-2007 bearing Document Between
AND
M/s. Akash Builders, A proprietary concern, presently at Plot No'21, Behind Royal Enfield Show Room,' Somajiglda, Raj BhavanRao, Hyderabad, ^State of i;i;ild il"p. ov iti eropriet6r Sri. KeianSanghvi, S/o. Sri. RasiklalSanshavi, Aged 56 years, O"". Business, R/o' Plot No'84, P and T Colony' Opp'
S6cunderabad Club, Secunderabad, State of Telangana Kalva Nischal Kumar, s/o. Kalva Ashok Kumar, Aged 47 years, occ' B]siness, R/o. H.No.5-3-8+g, 'suryamahal, Mozamjahi Market, Hyderabad,. - state of Tltangana. AND ALSO nlStOtlrtC AT Plot il1o.15, ManikantaNilayam, Krishnapuri colon-y, west Marredpally, secunderabad, state of Telangana.
...RESPONDENT
Arbitration Application filed Under section 11 (5) & 11(6) (a) of the Arbitration and conciliation Act, 1996 Praying that in the circumstances stated in accompanying affidavit this Hon'ble Court may be pleased:
(i)
To appoint a Sole Arbitrator to adjudicate the claims and to settle the disputes between the parties in terms of clause (32) of the Reg. Development Agreement- cum-General Power No.3635/2007, ii j tl i, :i i t*
E
(ii)
Allow the application in favour of the Applicant and against the Respondent on costs; Counsel for ttre Applicant : Sri. Naresh Bandi counsel for thre Respondents : Mr. M. Karthika representing Sri. D Raghavendar Rao The Court marle the foilowing:
a,
if
I
I
:
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE P.SAM KOSHY
ARBITRATION APPLICATION No.3l9 of 2024
DATE: 16.04.2026
Between:
M/s. Akash Builclers.
Kalva Nischal Kumar.
AND
...Applicant
Respondent
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ORDER:
For a last more than couple of hearings, there is no representation on behalf of the applicant in spite of the matter being repeatedly called on every date of hearing. 'lloday also even after the matter being listed under the caption 'For Dismissal', there is no representation on behalf of the applicant.
2. Mr. M.Karthik, learned counsel appearing on behalf of Mr. D. Raghavendar Rao, learned counsel for the respondent submits that the '\. applicant has already approached the Civil Court at Medchal District by filing O.S.No.l0l of 2017 where the applicant moved a petition under Section 8 of the Arbitration and Conciliation Act, 1996 read with Section l5l of C.l?.C. praying the Civil Court to refer the matter to arbitration. The said petition was subsequently withdrawn and later a petition was filed under order VII Rule I t of C.P.C. which stood allowed and the suit stood disn,issed, against which the respondent has preferred a First Appeal which is at S.R. stage.
3. [n view of the above, tlre only inference that can be drawn atthis juncture keeping in view the proceedings that the applicant is pursuing before the Civil Court is that the applicant is not keen in pursuing the instant Arbitration Application. Accordingly,, thc instant Arbitration Applicatiorr stands dismissed for want of prosecution.
4. As a sequel, miscellaneous petitions pending if any, shall stand closllf:r:r:l there shall be no order as to costs. . , '".r Sd/. B. SATYAVATHI JOINT REGISTRAR //TRUE COPYII To,
1. One CC to Sri. Naresh Bandi, Advocate tOpUCI
2. One CC to Mr. D Raghavendar Rao, Advocate [OPUC]
3. Two CD Copies DT-TBA SECTION OFFICER
HIGH COURT DATED: 1610412026
ORDER
lHE ( 'i) 22 A ARBAPPL.No.319 ot 2024 * ARBITRATION APPLICATION DISMISSED FORWANT OF PROSECUTION * a) \-\ a\,/b