Andhra Pradesh High Court
ARBAPPL/5/2022 of R MOHAN RAO Vs M/s Indus Towers Limited, on 30 December 2022
COURT OF ANDHRA PRADESH: AMARAVATI HON’BLE Mr. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE ARBITRATION APPLICATION No.5 of 2022 R. Mohan Rao, S/o. late Appa Rao, aged 65 years, R/o.Flat No.409, D.No.33-5-25/108, Ganesh Sadan Apartments, Allipuram, Visakhapatnam … Applicant Versus
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI HON’BLE Mr. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE ARBITRATION APPLICATION No.5 of 2022
R. Mohan Rao, S/o. late Appa Rao, aged 65 years, R/o.Flat No.409, D.No.33-5-25/108, Ganesh Sadan Apartments, Allipuram, Visakhapatnam … Applicant
Versus
M/s. Indus Towers Limited, rep. by its Circle Legal Head, Survey No.133, 4-51, 8[th] Floor, SLN Terminus, beside Botanical Gardens, Gachibowli, Hyderabad-500032.
… Respondent
Counsel for the applicant : Ms. S. Pranathi Counsel for the respondent : Mr. P. Ravi Kiran Mr. P. Ravi Kiran
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O R D E R
Dt.30.12.2022
This application has been preferred under Section 11(5) & 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator to resolve the dispute between the parties arising out of the Leave and License Agreement dated 06.04.2018 executed between the parties to remain operative for a period of five years commencing from 24.01.2017 to 23.01.2022.
2. The Leave and License Agreement dated 06.04.2018 was for the purpose of erecting pole-mounted antennas/tower and HCJ
Arb.Appl.No.5 of 2022
shelter space for setting up cellular base station equipment on the rooftop of the building of the applicant. In the course of subsistence of the agreement, dispute arose between the parties in respect of payment of rent; whereafter the respondent allegedly terminated the agreement.
3. Admittedly, the agreement contains arbitration clause as provided under Article 10-B, which reads as under:
“The licensor and the Licensee agree that they will first attempt to resolve any disputes regarding this License through mutual consultation. However, if such consultations do not result in satisfaction to either party within 60 (Sixty) days after one party has given written notice to the other to commence such consultations, then either party may refer the dispute to arbitration. Any dispute, controversy or claim arising out of or relating to this License, or breach, termination or invalidity thereof, shall be settled by arbitration in accordance with The Arbitration and Conciliation Act, 1996 as at present in force.”
4. In the counter-affidavit filed on behalf of the respondent, it is stated that the rent was duly paid only till 31.05.2019 and the respondent terminated the license vide notice dated 09.11.2020. It is also admitted that the applicant has issued notice dated 13.09.2021 invoking arbitration clause, whereafter the respondent approached the applicant for full and final settlement; however, those efforts remained unfruitful. The respondent has HCJ
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categorically stated in paragraph 6 of the counter-affidavit that “this Hon’ble Court may appoint Retired District Judge as an arbitrator to resolve the dispute between the parties.” Thus, the respondent has agreed for appointment of an arbitrator.
5. In view of the above and with the consent of the parties, Mr. Kusumanchi Nageswara Rao, District Judge (Retd.), is appointed as sole arbitrator to adjudicate the dispute between the parties. The parties are at liberty to file their respective pleadings before the arbitrator.
6. The fee of the arbitrator, place of arbitration and other terms and conditions shall be settled by the parties in consultation with the arbitrator. Registry will send a copy of this order Mr. Kusumanchi Nageswara Rao, District Judge (Retd.), D.No.15-15-6, Flat-302, G.P. Residency, Krishna Nagar, Visakhapatnam – 530002 (Contact No.[REDACTED]).
7. This application is, accordingly, allowed. No costs. Pending miscellaneous applications, if any, shall stand closed.
Sd/-
PRASHANT KUMAR MISHRA, CJ
MRR