THE HON’BLE THE CHIEF JUSTICE ALOK ARADHE ARBITRATION APPLICATION No.280 of 2024

ORDER

Ms. V.Soubhagya Valli, learned counsel representing Mr. V.Seetharama Avadhani, learned counsel for the applicant.

2. Office report indicates that notice issued to respondent No.1 has been served, whereas notice issued to respondent No.19 was returned as ‘unclaimed’ and notice issued to respondent Nos.2 to 18 was returned as ‘refused’. Thus, the said respondents are deemed to be served.

However, none appears on behalf of the respondents. 3. This application is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole arbitrator to resolve the disputes between the parties.

4. Facts giving rise to filing of this application briefly stated are that the parties have entered into an Agreement of Sale dated 12.08.2021. Clause 10 of the aforesaid agreement contains an arbitration clause, which is extracted below for the facility of reference:

“10. In case of any dispute arise between the parties, have to settle amicable in the event of any failure to settle the dispute or difference shall be referred to the arbitrator and the arbitration Proceedings will be conducted according to the provisions of the Indian Arbitration and Conciliation act 1996. The arbitration award will be binding upon the both the parties and final. The place of the arbitration will be at Hyderabad and proceedings will be in English.”

5. The applicant sent legal notice dated

09.05.2023 to the respondents, but the respondents failed to respond to the aforesaid notice.

6. Dispute has arisen between the parties which requires resolution in the manner agreed to by the parties.

7. A Bench of this Court by an order dated

02.02.2024 passed in similar application being Arbitration Application No.156 of 2023 has appointed Dr. Justice Shameem Akther, a former Judge of this Court as sole arbitrator to adjudicate the dispute between the parties.

8. Therefore, in the instant case also, Dr. Justice Shameem Akther, a former Judge of this Court (resident of Flat No.6F, Sixth Floor, Mayfair Apartment, Block-B, H.No.8-2-269/3/MF/F-6, Road No.2, Banjara Hills, Sri Nagar Colony, Hyderabad-34; Mobile No.8331998534), is appointed as sole arbitrator to adjudicate the dispute between the parties.

9. Accordingly, the Arbitration Application is allowed.

Miscellaneous applications pending, if any, shall stand closed. No order as to costs.

_____________________

ALOK ARADHE, CJ Date: 06.12.2024 KL