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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN
Navayuga Engineering Company Limited – Appellant
Versus
Mahira Ventures Pvt Ltd – Respondent
ORDER :
K. LAKSHMAN, J.
Heard Sri Vimal Varma Vasi Reddy, learned counsel for the Applicant, and Sri E. Venkata Siddhartha, learned counsel for the Respondents.
2. The present Arbitration Application is filed under Section 11 (5) and (6) of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the Act, 1996’) for appointment of a sole arbitrator to adjudicate the disputes between the Applicant and Respondents.
FACTS:-
3. M/s Navayuga Legala Estates Private Limited (NLEPL), a group company of Navayuga Group, is the Applicant herein. It was in possession of land admeasuring Ac.25.10 guntas in Sy.No.82(p), 83(p) and 84(p) (opposite new municipal office, old Mumbai Highway, Serilingampally Village, Mandal and Municipality, Ranga Reddy District (hereinafter referred to as ‘subject property’).
4. 2nd respondent intended to enter into a Joint Development Agreement for development of the subject property as a freehold land after its de-notification from SEZ in all respects. 2nd respondent requested the Applicant to act as a facilitator to facilitate the de- notification of the subject land from SEZ under the applicable laws thereby to ensure handing over of the said land to NLEPL without any
Existence of an arbitration agreement is the primary inquiry under the Arbitration Act; disputes related to the execution of agreements are arbitrable and should be resolved by the arbitrator.
The main legal point established in the judgment is the principle of minimal judicial intervention in the arbitral process, emphasizing the competence of the arbitrator to decide all preliminary issu....
The court reaffirmed that the existence of an arbitration agreement is sufficient for appointing an arbitrator, emphasizing minimal judicial interference in arbitration processes.
Pendency of proceedings before another tribunal does not preclude the Court from appointing an arbitrator under Section 11(6) of the Act of 1996.
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