Telangana High Court
ARBAPPL/189/2025 of Mr. Sriramoju Sambeshwar Rao Vs M/s. Modi Realty Pocharam LLP on 2 April 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN ARBITRATION APPLICATIoN NO: '189 OF 2025 Between: 1. Mr. Sriramo.ju Sambeshwar Rao, S/o S. Ramabrahmam, Aged about 62 years, Occ,
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THURSDAY, THE SECOND DAY OF APRIL
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
ARBITRATION APPLICATIoN NO: '189 OF 2025
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1. Mr. Sriramo.ju Sambeshwar Rao, S/o S. Ramabrahmam, Aged about 62 years, Occ, Business, Rio. Flat No. 903, LH-S, Lanco Hills Apartments, Near Delhi Public School, Manikonda, Hyderabad- 500089.
2. Smt. Sriramoju Ramadevi, Wo. Sambeshwar Rao Aged about 55 years, Occ. Housewife, Rio. FIat No. 903, LH-S, Lanco Hills Apartments, Near Delhi Public School, Manikonda, Hyderabad- 500089.
3. Smt. Sriramoju Manjula, Wo. Siva Prakash Aged about 49 years, Occ. Housewife, R/o, Flat No. 10904, Walnut Block, lndu Fortune Fields Gardenia Apats, KPHB Colony, Phase-l3, Kukatpally, Hyderabad
4. Smt. Vinnakota Mallika, Wo. Vinnakota Srinivas Aged about 51 years, Occ. Housewife, R/o. H.No. 8-298, Vinnakotavari Street, Mangamoor Road, Ongole-2, Prakasam Dist, AP 523002
5. Smt. Kasila Uma, Wo. Y.S.N. Murthy Aged about 63 years, Occ. Housewife, R/o, H.No. 4-3-147, Kanda Swamy Lane, Sultan Bazaar, Hyderabad-500001, Presently Rio. Kiranmai Yachareni, 10329, Clover Pine DR, Tampa, FL33647 USA.
6. Sri Chandan Gunda, S/o. G. Ramulu, Aged about 60 years, Occ. Business, R/o. ttilantri Paradise, No. 201, B.G. Road, Bengalore- Karnataka 560076.
7. Smt. G. Hemasri, W/o. G. Chandan, Aged about 55 years, Occ. Doctor, R/o. lvlantri Paradise, No. 201, B.G. Road, Bengalore- Karnataka 560076. B. Smt. Sampath Shanthi, Wo. S. Prabhakar Reddy, Aged about 52 years, Occ. Housewife, Rio. H. No. 1 -8-83/F 1 3/H lG, Bag lingampally, Hyderabad-44
9. Smt. Yemmanur Nandini, W/o. late Mukku Venkata Ratna Prasad Aged about 45 years, Occ. Housewife, R/o. H. No. 1-10-117, Street No. 11, Ashok Nagar' Hyderabad-22. i 0. Smt. Boddepudi Venkata Lalitha, Wo. Mukku Venkatesh, Aged about B0 years, Occ. Housewife, R/o. No.3, Sathiyapuri Street, West Mambalam Chennai-600033.
11. Sri. Nama Venakta Ramana Rao, S/o. N. Narayana Rao, Aged about 59 years, Occ. Engineer, R/o. Villa No.41, Beverly Palms, Nizampet Road, Near Water Tank, Nizampet, K.V. Ranga Reddy, Hyderabad-9O
12. Sri. S. Niranjan Reddy, S/o. S. Vidyasagar Reddy, Aged i Advocate, R7o. Prem Parvat, M2, H. No. 8-2-545, Road lt Hyderabad-34
13. Sri Mahesh Kumar Chadalawada, S/o. Subbaiah Naidtt about 51 years, Occ. Health Care P-ofession, R/o' H l'l No. 36, Mounika Rock Hills, L.B. Nagar, Rocktown C: Hyderabad-74, Presently R/o. '15281, W Pine Wood lllinois, 60048 USA.
14. Sri. Potluri Rahul, S/o. late P. Venkateswara Rao, Aged i Pvt. Employee, R/o. H, No. 2-16-1381402, Prashanthi Nzrl Malkajgiri District -39 '15.Smt. Arugapalli Lavanya, W/o. Ravi Nandana Chakravr years, Occ. Pvt. Employee, Rl/o. Flat No. 106, Seven Hills '105, Prashanthi Hills, Road 1A, Sy No. 191/D, Nizampt District -90.
16. Sri Boggarapu Chinna Rosaiah, Sio. Ranganayakulu, /\ Occ. Business, R/o. 401, Sree Ameya Residency, B- Hyderabad-500038
17. Sri Kodiyalam Krishna, S/o. K. Vardan, aged about 5€ Business, R/o. 14l16, Thirumurthi Nagar, 5th Street' 034, Chennai, Tamil Nadu.
18. Sri. Vijay Kumar Bajaj, S/o. K.L. Bajaj, aged about 72 Business, R/o. fu48, Anugraha Apartments, No.41(old' High Road, Chennai-600 034.
19. Sri. Chaluvadi Srinivas, S/o. Chaluvadi Krishna Murthy,: Occupation Engineer, R/o. 308 lndu Fortune Fieldr; Kukatpally, Hyderabad-72, presently residing at 13359 o TX 75033, USA,
20. Sri N.S.R. Murthy, S/o. Narsaiah, aged about 72 yeer Employee, R/o. Plot Nos.83,89 and 90, FIat No 403,' Manjeera Pipe Line Road, Madinaguda, Miyapur, Hydeti
21. Smt. Geetha Vanam, Wo. Sridhar Vanam, aged about 5 House Maker, R/o. Flat. 501 ,18-1-241C, Vaishnavi Tow: 517 501. Presently residing at 59 Springfield Drive llf Kingdom.
22. Smt. Pasupuleti Hemavathi, Wo. Pasupuleti Prasrr Occupation. House Maker, R/o. Plot No 103, Sulocharl Ramachandra Mission, Mannavarappadu, Amanchtl Andhra Pradesh-s24 345. Applicants 2 to 22 are represented by their GPA Sambeshwar Rao vide Clause 28 of the Joint Developrt 1710912019 registered as Document No. '1 3207 ol 2019 bout 53 years, Occ.
o. 14, Banjara Hills, Ohadalawada Aged t 3-12-921147, Flat ony, Chintalakunta, -ane, Liberty Ville, bout 70 years, Occ. ar, Uppal, Medchal- thy, Aged about 47 Residency, Plot No. t Medchal-Malkajgiri led about 56 years, 02, Madhuranagar, years, Occupation. ,l ungambakkam-600 years, OccuPation. 9), Nungambakkam ged about 56 years, KPHB Phase 13, ayhawk BIvd Frisco, ;. Occupation. Retd 'aishali Nagar, Near bad, Telangana-500 ) years, OccuPation. s, KT Road, TiruPati rrd-lG2 6PT, United L aged 65 years, Sadan Ashram, Sri la, SPSR Nellore, rolder Mr. Sriramo1u rnt Agreement dated ...Applicants
AND M/s. Modi Realty Pocharam LLP, Regd. Office at - 5-4-18713 and 4, ll Floor, Soham Mansion, MG Road, Secunderabad- 500003. Rep. by its Managing Director- Mr. Soham Modi, S/o. Late. Satish Modi, aged about 54 years- ...Respondent Arbitration Application filed Under Section 11 (6) of the Arbitration and conciliation Act, 1996 praying that in the circumstances stated in accompanying affidavit this Hon'ble Court may be pleased to:
a. Appoint a Sole Arbitrator to adjudicate the disputes arising between the applicants and respondent under clause 56 of Joint Development Agreement cum General Power of Attorney Doc. No. 13207 of 2019, dald 1710912019 in exercise of powers under Section 11(6) of the Arbitration and Conciliation Act, 1996.
b. ln the alternative, the Honble High Court may be pleased to appoint an arbitrator on behalf of the Respondent as per clause 56 of the Joint Development Agreement cum General Power of Attorney Doc- No. 13207 of 20'19, dated ll tOStZOlS in exercise of powers under Section 1 1 (6) of the Arbitration and Conciliation Act, 1 996. Counsel for the Applicants : Sri Unnam Shravan Kumar Counsel for the Respondent : Sri Duwa Pavan Kumar The Court made the following: ORDER
L IN THE HIGH COURT FOR TTIE STATE OF TE LANGANA AT: HYDERABAD HON'BLE SRI JUSTICE K. LAKSHM/ N ARBITRATION APPLICATION No. 189 C,l'2025 Date:02-04-2026 Between Mr. Sriramoju Sambeshwar Rao and others, . Applicants And M/s Modi Realty Pocharam LLP, .. . . Respondent This Court passed the following:-
ORDER
Heard Mr. Umam Shravan Kumar, leamed c :unsel for the Applicants and Sri Duvva Pavan Kumar, learned coun; I appearing for respondent.
2. The present Arbitration Application is filed uncr r Section 1l (6) of the Arbitration and Conciliation Act, 1 996 (here r after 'the Act, 1996') for appointn.rent of a sole Arbitrator to adjudi,: te the disputes between the parties. \ I I
3. Perusal of the record would reveal that the applicants and the respondent entered into a Joint Development Agreement -cum - General power of Attorney, dated 1 7.09.201 9 on specific terms and conditions mentioned therein. clausc-56 of the said agreement deals with the disputes and appointment of an arbitrator, which is relevant and extracted below:- "That any and all disputes or differences between the Parties, in connection \\'ith tliis agreement of Arbitration and Conciliation Act, 1996. The place ol arbittation shall be at Hyderabad validit) or any of the terms thereof' the matt€r shall be rosolved b1' arbitration under the provisions Secunderabad and thc procecdings shall be in English' The partics shalI appoint a singlcisole mutually acceptable arbitrator. rvho shall be a retired judge preferably, to resolve the disputes and dil-Grences bctween the Parties' ln case thc Parties are unablc to agree on a single/sole arbitrator then, each party shall appoint one arbitralor and the two arbitrators appointcd shall nominate a third arbitrator for the purposcs of arbitration. It is agreed that the lees /chargcs of the arbitrator so appointcd shall be bome by the Owners and Developer equally. The jurisdiction fbr the purpose of this Agreement shall be Court at Sctunderabad". \
4. According to the applicants, there are disp r applicants and respondent with regard to the execrLti, Development Agreement - cum GPA, dated t7.0! exchange of notices between the applicants and the regard to the disputes and appointment of an arbitratc r respondent did not come forward lor appointment o - terms of the said agreement to adjudicate the disputr:r Therefore, the applicant fited the present application til an arbitrator.
5. Respondent filed counter confirming the execu Development Agreement dated 17.09.2019 and also stzl objection for appointing sole arbitrator for adjudicatior between them.
6. Sri Duwa Pavan Kumar, Iearned counsr:l respondent confirms the said fact.
7. The aforesaid facts would reveal that there are r the applicants and the respondent vvith regard to the exec es between the n ol said Joint 11019. There is 'cspondent with Even then, the aLn arbitrator in between them. ,appointment of ion of the Joint rd that it has no ,rf the disputes appearing for i sputes between .rtion of the said agreement-cumGPA,datedlT.0g.20lg.Thesamearearbitrablein nature. To,
8. Inthelightoftheaforesaiddiscussion,thepresentArbitration Application is allowed. Accordingly' Sri D' Ravindra Sharma' Retired District and Sessions Judge, Mobilc No'9848790929' H'No'13-10-95' Flat No.201, Vyshnavi Apartments, New Gaddiannaram' Hyderabad, is appointed as sole Arbitrator to adjudicate the disputes between the parties. The parties are at liberty to take all the available pleas and defences before the learned sole Arbitrator' Consequently, miscellaneous Petitions, pending if any' in this Arbitration Application, shall stand closed' SD/- T.KRISHNA K JOINT TRAR //TRUE COPY// SECTION OFFICER Sri D. Ravindra Sharma, Retired District an No.9848790929, H.No. l3-10-95, Flat No.201' Gaddiannaram, Hyderabad (By Special Messen affidavit and material PaPers) One CC to Sri Unnam Shravan Kumar' Advocate One CC to Sri Duwa Pavan Kumar, Advocate [O Two CD Copies sions Judge, Mobile ,|
Vyshnavi Apartments, New ger) (Along with a CoPY of loPUCl PUC]
w^DK/PSL
HIGH COURT DATED: 0210412026
ORDER
ARBAPPL.No.189 of 2025 ALLOWING THE ARBAPPL P A -t * o (.)
( (, rb 11, 11, i I