Chabbras Associates v. A.P.Tourism Development Corporation Limited,
This judgment came from a scanned document and its text layer is unreliable — words may be garbled. Check the original PDF before relying on any passage.
rN THE HiGH couRTfoR THEASTATE OF TELANGANA E R ru Es DAY i#5 H5U]X$$,|JfJ sLDEcEMB PRESENT THE HON'BLE SRI JUSTICE A'RAJASHEKER REDDY ARBITRATION APPLICATloNNOi 1550F 2014 Between:
Chabbras Associates Chilkalguda, Secunde i.3.x?Si,Hl,\t"5[I*f ili],%Jl:nE:fl.."'oJj"f "$lJl;l#"0 ,Petitioner AND 1 Andhra Pradesh rourism Deveropment c9l?:Iil"ti,frl[:! $?:::lLY"t'" ft: ' ili;il,;,lourism - Devero pm;:|, ?:'f, ;;"18""il1t" ;i:rr";ii sm Ho use"' 3-5UL'ii9lL%r?[f"1",1 ii;#iJ#ij r ;"0'6 0'd r " , l#:w:u:?:ffs"tis:t":;.t%lB"
Ltd ' office at"rourism House"' 3-5-Be1'
'ffi *af *"iir"ft'-?1;f$qfi iff's:xtr#$r"i'r""1#:':r?t1n'* 'li;'35:3;il:"..j,qry:il:x[:",:"T:ra18'?t1lfiY["J'?h""#]il;:[?T1330 029.
e d v i de t o' o l:f;
g 33il1;'3 Ll!" o* ffi i:fi 31 "^li.i"r"r# fo, x';''
o'" "o Arbitratio n A ppri catio n u nd e r Section t]'l?'"XXi Ji^l,r:l':i""' }t# ;ffi l! co n.ir i,til,i ili:; ;3 q 1t,*** Tl;I:-[:fi ?i"TT.:Hi,[, inl H's h co u rt m av oe that in the circumstances t pleased to i\ aoooint a sole arbitrator to adjudicate the claims and disputes between the putliion"r. and ResPondents'
ii) award costs of the Petition ,n,o,,inii.i'1:"::H:f iffi%;"fi .lii:.X:d''"}:.Iifffiff #i"J#["'] fti;ilii'inar'r , advocate for the Petitioner an. I ResPondent The Court made the following: ORDER
sRr HOTfBLE JUSTICE A.RAJAS}IEI(ER REDDY Arbitration ADplication No.155 of 2014 ORDER:
Arbitration application is fi1ed under Section 11 (s) & (6) of the Arbitration and Conciliation Act, 1996, (for short, ,,the Act,,) for appointment of an Arbitrator to adjudicate the disputes and claims between the parties arising out of the Agreement dated 25. !O.2OO7 entered into by them.
02.
There is no dispute as to mentioning of an arbitration clause under Clause 22, *settlement of disputes,,, as a mechanism for dispute resolution in case of any disputes in connection therewith and rnvocation thereof by issuance of notice dated 01.09.2014, wherein and whereby the applicant proposed the names of Sri Justice p. Swaroop Reddy and Dr. Justice KG Shankar, former High Court Judges Court, and while refusing to accede to the Arbitrators proposed by the applicant, the respondents instead proposed the names of sri Justice Eswaraiah and Sri Justice Anand Reddy, iormer Judges of the High court as their Arbitrators. Both parties rejected the Arbitrators proposed by each other for one reason or the other.
Hence, this arbitration application lor appointment of a sole Arbitrator o3 There is no dispute as to the mention of the arbitration clause in the agreement dated 2S.IO.2OOZ and the. invocation thereof by the applicant.
exlsts a dispute and the invocation of the arbitration crause by both the parties is evident. After 2015 Amendment Act, whereby Section 11 (64.) is brought in, the scope of enquiry under Section I 1 of the Act is Iimited to examination of existence of arbitration crause and its invocation by the party aggrieved, and in this case both requirements are met. 04, Heard learned counsel for the contesting parties.
05. Since there is no consensus between the parties with regard to naming the sole arbitrator, this court is of the opinion that independent arbitrator needs to be nominated.
06. Accordingly, the arbitration application is allowed nominating Sri Justice Reddg Kantha Rao as sole Arbitrator for deciding the disputes between the parties arising out of agreement dated 2S.IO.2OO7. It is needless to mention that alr contentions are kept open for the parties to be raised before the learned Arbitrator.
Sd/. B,S.C. CHIRANJEEVI, JOINT REGISTRAR Grv //TRUE GOPY// \ SECTION OFFICER To
1. The Hon'ble Sri Justice Reddy Kantha Rao, Flat No. 101,1"t Floor, Vamshi Valley View Jubilee Hills, Near Apollo Hospital, Hyderabad. ( with a copy of Arbitration Application affidavit and entire material papers (By special Messenger)
2. One CC to Sri Aarifa Imran Khan, Advocate IOPUCI
3. Two CCs to the Advocate General, Telangana High Court, Hyderabad. (OUT)
4. Two C.D.Copies
HIGH COURT ARR J DATED:2911212020 TAI€ s e (
ORDER
Bt I r d o .L ARB.APPI-N.No.1 55 of 201 4 * * SPA"T DE ALLOWING THE ARBITRATION APPLICATION b .) / wt4