Telangana High Court
ARBAPPL/17/2025 of Tumula Surekha Reddy Vs M/s Property Bucket Infrastructure Private Limited on 12 March 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY ARBITRATION APPLICATIO N NO:17 OF 2025 Between: Tumula Surekha Reddy, W/o. Tumula Venkat Reddy, aged about 62 years, Occ. House
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THURSDAY, THE TWELFTH DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE P.SAM KOSHY
ARBITRATION APPLICATIO N NO:17 OF 2025
Between:
Tumula Surekha Reddy, W/o. Tumula Venkat Reddy, aged about 62 years, Occ.
House Wife, Rlo. 3-7-4O3IPN/57, plot No. 57, prakash Nagar, lJpperpaily, Attapur, Hyderabad - 500 M8.
AND
...Applicant
M/s Property Bucket lnfrastructure Private Limited, Having its Registered Office at H.No. MIG ll- 284, gth Phase, KPHB Cotony, Kukatpafly, Hyderabad, Telangana 500085. Represented by its Managing Director, Sri. Munishwar Erukonda, Sio Sadaiah Erukonda, Aged About 3l years, Occ. Business, R/o
H. No. 26, Nallabelly, Warangat, Andhra Pradesh -506349.
...Respondent
Arbitration Application filed Under section 1 1 (6) of the Arbitration and'
conciliation Act, 1996 R/w scheme for Appointment of Arbitrator, 2oo2 praying that in the circumstances stated in accompanying affidavit this Hon'ble court may be pleased to appoint sole arbitrator in terms of the Arbitration clause ti ed as Arbitration in the MoU dt.08.09.2022 for the adjudication of the claims and resolve the disputes between the applicant and Respondent company and award the costs of the present Application to the Applicant.
l.A. NO: 1OF 2025
Petition under Order 5 Rule 20 of CPC FIw Section 151 of CpC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to order for substituted service of notice on respondent company in the above arbitration application by way of publication of summons/notices rn above ARB APPL No.17 of 2O25 in any of the local daaly newspapers, having circulation in the locality where above respondent company is residing as per the last known address to petitioners.
Counsel for the Applicant : Ms. Aanchal Tawry, Counsel ao rearing for Sri Vadeendra Joshi Counsel for the Respondent : _ _ _
The Court made the following: ORDER
w
IN THE HIGH COURT r.OR TTIE STATE OF TELANGANA
AT T{YDERABAD
THE HONOURABLE SRI WSTICE P' SAM KOSHY
Arbitration A
lication No.t7 of2025
Date of order : L2.o3.2026
BETWEEN:
Tumula Surekha ReddY,
... Applicant
and
M/ s. Property Bucket Infrastructure Private Limited Responden t
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER:
The instant Arbitration Application has been hled by the applicant under Section 11(6) of the Arbitration and Conciliation Act' 1996 read withSchemeforappointmentofArbitrators,2o02prayingtheCourtto appoint an arbitrator on behalf of the applicant in terms of thc arbitration clause 'Arbitration' contained in the Memorandum of Understanding dated Oa'Og '2022 to adjudicate the claim and to resolve the disPute between Partles'
2. Heard Ms. Aanchal Tawry, learned counsel appearing on behalf of Mr. Vadeendra Joshi, learned counsel for the applicant'
3. On 14.02.2025, notice was ordered to the r )spondent, but the same was returned unserved. Thereafter, learl r, r[ counsel for the applicant filed an application seeking for pern r ssion to take out substituted service on the respondent. Accordinl;J r, uide order dated
11. O4.2025 in I.A.No. I of 2O2S in Arbitration Applir:, rion No. lT of 2025. leamed counsel for the applicant u,as permitted t ; r_ake out service of notice on the respondent by way of publication in ? r r,as of Ind.ia, English Daily Newspaper, Hyderabad Edition and also ir ljiasat, Urdu Daily Newspaper. Thereafter, the learned counsel for tre application had effected service of notice on the respondent by wa1 r.i publication in the above newspapers and proof of service thereof w.s; also filect before the Court.
4. Despite best efforts taken by the learned cour ser for the applicant in taking steps to serve notice on the responden Jrersonally and also through paper publication, there is no representel on on behalf of the respondent. Therefore, this Court has no other og hon but to presume that respondent had been served notice sufhcientlv
5. The dispute between the parties is that the ap olicant had made an investment of Rs.5 takhs with the respondent on ir r agrerement that the respondent shall pay every month an amount of Rs.:Z0,OO0/_ as returns on investment / loan. However, it is submitted by the applicant that the respondent had paid only AI amount of Rs,96,667/- so far for the months of October, November, December, 2022 and thereafter the respondent failed to pay the outstanding amolrnt of Rs.1,40,00O/- for the subsequent months.
6. Even after issuance of notice for appointment of an arbitrator for resolving the dispute between the parties, there does not seem to be an-v response from the respondent. Hence, the applicant frled the instant arbitration application seeking for appointment of an arbitrator to resolve the dispute between the Parties. 7, Given the nature of dispute that had been raised and canvassed bv the applicant and also considering the arbitration clause contained in the Memorandum of Understanding entered into between the applicant and the respondent on O8.O9.2O22 and pima facie proof of sen'ice ol notice on the respondent also having been frled by the applicart, this Court is inclined to allou' the arbitration application.
8. Accordingly, this Court appoints Mr. D. Ravindra Sharma, retired District Judge, resident of Flat No.201, H.No. 13-10-1995, Vaishnavi \
Apartments, New Gaddiannararn, Hyderabad _ 5O ) 060 as the sole Arbitrator to resolve the dispute between the parties.
9. Needless to state that both parties are at libert to raise all claims and counter claims before the sole arbitrator who irr turn shall conduct the arbitration proceedings in accordance with prc,risions of the Act. The venue of arbitration shan be decided mutually b1 r.he parties subject to consultation and agreement of the learned Arbitra t rr. The fee payable to the learned Arbitrator shalr also be decided mutur ly by the parties in consultation and agreement with the learned Arbitra , r. ro. Accordingly, the Arbitration Application stands : llowed. No costs.
11. As a sequel, miscellaneous petitions, pendin5, i. any, shall stand closed. S D/. R.KARTHIKEYAN //TRUE COPY//
JOINT REGISTRAR \ \. To, SECTION OFFICER 'l - Sri D Ravindra Sharma, retired District Judge, Re r: klent of Flat No.201, H.No.'13-10-1995, vaishnavi Appartments, New Gaddi nnaram, Hyderabad - 500 060 (By Special Messenger) (Along with a ( opy of affidavit and material papers)
2. One CC to SRI VADEENDRA JOSHI, Advocate [OPUI I
3. Two CD Copies ADKiPSI- M;
HIGH COURT DATED: 1210312026
ORDER
ARBAPPL.No.17 ot 2025 ALLOWING THE ARBAPPL WITHOUT COSTS TlE STA , r ''iAH 2026 v.. (,1 !..1 :.; ,{:l
4. i + -// it \,-:' ',.,,. i I r. ( I ?> $