THE HON’BLE THE ACTING CHIEF JUSTICE SUJOY PAUL ARBITRATION APPLICATION No.48 of 2025

ORDER:

Ms.V.Soubhagya Valli, learned counsel appearing for Sri V.Seetharama Avadhani, learned counsel for the applicant and none appeared for the respondents, despite service of notice.

2. This application under Section 11(6) of the Arbitration and Conciliation Act, 1996, has been filed seeking appointment of an arbitrator to adjudicate the dispute between the parties.

3. Learned counsel for the applicant submits that this matter is covered by the order of this Court in Arbitration Application No.19 of 2025, dated 21.03.2025 wherein the respondents and the arbitration clause are same as those in the current application.

4. Since, the respondents have not chosen to enter appearance despite service, the matter is finally heard.

5. This Court in Arbitration Application No.19 of 2025 dated

21.03.2025 recorded as under:-

“Mrs. V. Soubhagya Valli, learned counsel representing Sri V.

Seetharama Avadhani, learned counsel for the applicant.

None for the respondents, despite service of notice.

2. This application under Section 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996 has been filed seeking appointment of an arbitrator to adjudicate the dispute between the parties.

3. Admittedly, the parties have entered into an Agreement for Sale dated 15.03.2022. Learned counsel for the applicant drawn the attention of this Court on the arbitration clause which reads thus:

“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 arbitration will be at Hyderabad and proceedings will be in English.”

4. When the dispute has arisen between the parties, the applicant got issued a legal notice dated 28.10.2024 to the respondents for appointment of Arbitrator, but the same could not fetch any result.

5. Nobody has entered appearance for the respondents despite service of notice. It appears that there exist disputes between the parties which need to be resolved through Arbitration procedure, as per the dispute resolution clause.

6. Earlier, in A.A. No. 99 of 2024, wherein the respondents are the same as those in the current application, this Court, by an order dated 11.07.2024, appointed Dr. Justice Shameem Akhter, a former Judge of this Court, as the sole arbitrator to adjudicate the disputes between the parties.

7. Therefore, in the instant case also, Dr. Justice Shameem Akhter, 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-35; Mobile No.8331998534), is appointed as sole arbitrator to adjudicate the dispute between the parties.

8. The parties shall appear before the sole arbitrator on 05.04.2025 at 11:00 a.m. along with a copy of this order. Thereupon, the sole arbitrator shall proceed with the arbitral proceedings in accordance with law.

9. Accordingly, the Arbitration Application is allowed. No costs. As a sequel, miscellaneous petitions, pending if any, stand closed.

6. Since, this arbitration application is shown to be similar to the aforesaid case and there exists an arbitration clause, a live dispute between the parties, I deem it proper to allow this arbitration application on the same terms as in Arbitration Application No.19 of 2025 dated 21.03.2025.

7. Therefore, Dr. Justice Shameem Akhter, 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-35; Mobile No.8331998534) is appointed as sole arbitrator to resolve the disputes between the parties.

8. The parties shall appear before the sole