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2025 Supreme(Online)(Tel) 56717

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE THE ACTING CHIEF JUSTICE SUJOY PAUL
Schindler India Pvt. Ltd. – Appellant
Versus
Mrs. Akula Shanti – Respondent
ARBAPPL 2/2025



ORDER:

Sri Mohammed Aameruddin, learned counsel appearing for Ms.Aahana, learned counsel for the applicant and none appeared for the respondent, despite service of notice.

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

3. Heard the learned counsel for the applicant.

4. Learned counsel for the applicant submits that there are two agreements which contain arbitration clauses. In the first agreement i.e., Leave and License Agreement dated 01.12.2021, it is clause No.28, whereas, in the second agreement i.e., Agreement of Business Services dated 01.12.2021, it is clause No.14. Thus, there exists arbitration clause. Demand of the applicant by legal notice dated 11.09.2024 could not fetch any result. Thus, this Court may appoint an arbitrator.

5. The pleadings and documents show that there exists an arbitration clause, a live dispute and demand by the applicant to appoint an arbitrator. Thus, necessary ingredients to appoint an arbitrator are satisfied.

6. Therefore, Sri K.Sudarshan, former District Judge (resident of H.No.8-7-97/85/P-II/74, Agriculture Colony, Hasthuinapuram, Hyderabad-500079; Mobile No.9866415720) is appointed as sole arbitrator to resolve the disputes between the parties.

7. The parties shall appear before the sole arbitrator on 26.04.2025 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.

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

_________________________

SUJOY PAUL, ACJ

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