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2025 Supreme(Online)(Tel) 55351

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE T.VINOD KUMAR,THE HONOURABLE SMT JUSTICE P.SREE SUDHA
BVM Property Leasing Pvt Ltd. – Appellant
Versus
Sree Venkataraya Builders Pvt Ltd – Respondent


THE HON’BLE SRI JUSTICE T. VINOD KUMAR And THE HON’BLE SMT. JUSTICE P. SREE SUDHA CIVIL MISCELLANEOUS APPEAL No.50 of 2025 JUDGMENT: (Per Hon’ble Sri Justice T.Vinod Kumar This Civil Miscellaneous Appeal is directed against the order dt. 05.01.2025 passed in I.A. No. 589 of 2024 in O.S. No. 45 of 2024 on the file of Senior Civil Judge, Ranga Reddy District at Kukatpally, dismissing the application filed under Section 5 r/w Section 8 of Arbitration and Conciliation Act, 1996 (for short ‘the Act’) r/w Section 151 of CPC seeking to refer the parties to the Arbitration.

2. The appellant herein is the petitioner in the underlying Interlocutory Application.

3. The case of the appellant in brief is that, theappellant is a maintenance company appointed by the Developer i.e. Kausalya Shelters Limitedin terms of the Registered Development Agreement-cum-General Power of Attorney (DAGPA) dt.12.01.2015 entered into by the Developer with the respondent herein.

4. It is the further case of appellant that, respondent had invoked Clause 26 of Development Agreement providing arbitration in relation to disputes arising under the DAGPA with the developer.

5. Appellant contends that, anarbitral Tribunal wa

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