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1999 Supreme(AP) 885

B.PRAKASH RAO, P.VENKATARAMA REDDI
SATYAM CONSTRUCTIONS LTD. – Appellant
Versus
REGISTRAR (JUDICIAL), HIGH COURT OF A. P. – Respondent


Advocates Appeared:
Sh. C.V. Mohan Reddy, Advocate for the Petitioner.
Smt. M. Bhaskara Lakshmi, S.C. for H.C. for the Respondent.

JUDGMENT

P. Venkatarama Reddi, J. - This writ petition under Article 226 of the Constitution is filed praying for quashing the order passed by a learned single Judge of this Court in A.A. (SR) No. 44201 of 1998 dated 28-7-1998 and for a declaration that persons acting under the Scheme framed by the Chief Justice of the High Court under section 11(10) of the Arbitration and Conciliation Act, 1996 do not perform judicial functions of a Court of law and acts only as "Persona Designata".

2. The Registrar (Judicial), who is the 'authorised Officer' under the Scheme to receive and process the requests for appointment of Arbitrators under sub-sections (4), (5) and (6) of Section 11, is the sole respondent in the writ petition.

3. The petitioner, represented by its Special Power of Attorney holder, filed an application under section 11(6) of the Arbitration and Conciliation Act (hereinafter referred to as the 'Act') in the Registry of the High Court. The Registry returned the papers with the following objections :

"(1) Court Fee of Rs. 300 shall be affixed (Schedule II, Article 11(ii)(3) of Andhra Court Fees and Suits Valuation Act, 1956).

(2) Affidavit shall be got attested by First Class

















































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