THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH ARBITRATION APPLICATION No.127 of 2025

ORDER:

Heard Mr. Mir Ahmed Ali, learned counsel representing Mr. Mohammad Adnan, learned counsel for the applicant.

2. By order dated 17.10.2025, this Court proposed to appoint Mr. Mohd. Bande Ali, a Retired District Judge, as an independent Arbitrator to adjudicate the dispute between the parties. The order dated 17.10.2025 is extracted hereunder for easy reference:

“Heard Mr. Mir Ahmed Ali, learned counsel representing Mr. Mohammad Adnan, learned counsel for the applicant.

Respondent, despite service of notice, has not entered appearance.

Applicant, who is the landowner, along with other co-sharers entered into a Development Agreement-cum-Irrevocable GPA with Possession with the respondent on 22.12.2017. Applicant alleges that in respect of 600 square feet of her share, the developer did not execute the Development Agreement and constructed the flat only to the extent of 450 square feet. Therefore, applicant invoked the arbitration clause No.26 by service of notice on the respondent in respect of her claim on 10.03.2025. Applicant alleged that the respondent has constructed Flat No.601 on 6^th Floor to the extent of 1400 square feet encroaching upon area of the applicant and in respect of Flat No.602, which fell to her share, the respondent has constructed on an area of 450 square feet only. No reply to this notice was received. Therefore, applicant has approached this Court.

Learned counsel for the applicant submits that since the respondent has chosen not to contest despite service of notice invoking arbitration clause and notice issued in the instant arbitration application, this Court may appoint an independent Arbitrator to adjudicate the dispute between the parties.

Upon hearing learned counsel for the applicant and in the facts and circumstances above, since the applicant is under a Development Agreement with the respondent and a dispute arises in respect of construction of flat in her share of the property and no reply has been filed in spite of service of notice invoking arbitration, this Court is satisfied that ingredients for appointment of an independent Arbitrator under Clause 26 have been made out.

Therefore, this Court proposes to appoint a Retired District Judge Mr. Mohd. Bande Ali (residing at H.No.8-1-366/A/112/1, Janaki Nagar, Tolichowki, Hyderabad-500008) as an Arbitrator to adjudicate the dispute between the applicant and respondent. The proposed Arbitrator is requested to submit his consent and a declaration in terms of Section 12(1) read with Schedule VI of the Arbitration and Conciliation Act, 1996.

Registry is directed to communicate this order to the proposed Arbitrator.

The matter be listed after three weeks with the response, if any, of the proposed Arbitrator.”

3. The proposed Arbitrator has submitted his consent along with a declaration under Section 12(1) read with Schedule VI of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) by 4. Learned counsel for the applicant, therefore, submits that appointment of the proposed Arbitrator may be confirmed.

5. In that view of the matter, I hereby appoint Mr. Mohd. Bande Ali, a Retired District Judge (resident of H.No.8-1-366/A/112/1, Janaki Nagar, Tolichowki, Hyderabad-500008. Mobile No.9000499839), to act as an independent Arbitrator in respect of the dispute between the parties.

6. Registry is directed to serve a xerox copy of the entire pleadings to the learned Arbitrator. The learned Arbitrator is requested to keep in mind the fee prescribed in Schedule IV of the Act and the time limit prescribed under Section 29A of the Act.

7. The Arbitration Application is, accordingly, disposed of. Miscellaneous applications pending, if any, shall stand closed.

__________________________________

APARESH KUMAR SINGH, CJ LUR