IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE P. SAM KOSHY Arbitration Application No.74 of 2025 Date of order : 12.03.2026 BETWEEN :

Mohammed Ishaq, S/o.Mohammed Yousuf, and another … Applicants And M/s.Islamic Educational & Welfare Society … Respondent

ORDER :

The instant Arbitration Application has been filed by the applicants under Section 11(6) of the Arbitration and Conciliation Act, 1996 read with Scheme for appointment of Arbitrators, 2002 praying the Court to appoint a sole arbitrator on behalf of applicants to enter into a reference for entertaining and adjudicating upon claims and counter-claims of both parties arising out of the Lease Deed dated 21.02.2019 entered into by the parties.

2. Heard Mr.Anuj Raj, learned counsel appearing on behalf of Mr. Rakesh Sanghi, learned counsel for the applicants; and Mr. Katika Ravinder Reddy, learned counsel for the respondent.

3. It is the case of applicants that they are owners of premises bearing M.No.16-1-15/J/10 admeasuring 125 Sq.Yds.; M.No.16-1-15 admeasuring 335 Sq.Yds.; and M.No.16-1-15/J/12 admeasuring 445 Sq.Yds., all contagious premises totally admeasuring 1,240 Sq.Yds; that applicants, with an intention to lease out the said premises, had entered into a lease agreement, vide Lease Deed dated 21.02.2019, with the respondent on a monthly rent of Rs.3,50,000/-; and the said Lease Deed also contained an arbitration clause which specified that in case of any dispute arising between the parties, the dispute shall be referred to a Sole Arbitrator.

4. It is the further case of applicants that when applicants intended to vacate the respondent from subject premises, they applicants have got issued a quit notice dated 29.11.2023 to the respondent, and also filed a suit for ejection before the Trial Court, viz., O.S.No.132 of 2023 under Order VII Rule 1 read with Section 26 of Civil Procedure code, 1908; vide Judgment and Decree dated 30.12.2024, the Trial Court directed the parties to invoke Arbitration Clause contained in the Lease Deed dated

21.02.2019; thereafter, the applicants got issued a notice dated 05.02.2025 to the respondent with a proposal to appoint a Sole Arbitrator; however, since there was no response from the respondent, the instant arbitration application is filed by the applicants before this Court.

5. On 25.04.2025, notice was ordered to the respondent, and accordingly the respondent engaged a counsel to represent his case.

6. Considering the factual matrix of the case and also the contentions put forth by the learned counsel for the applicants, this Court is inclined to allow the Arbitration Application. Accordingly, this Court appoints Mr. B. Suresh, retired Metropolitan Sessions Judge, resident of Flat Nos.102 & 103, Viswa Sai Nilayam, Jawahar Nagar, Moulali, Hyderabad – 500 040, Mobile No.76709 28092 as the sole Arbitrator to resolve the dispute between the parties.

7. Needless to state that both parties are at liberty to raise all claims and counter claims before the sole arbitrator who in turn shall conduct the arbitration proceedings in accordance with provisions of the Act. The venue of arbitration shall be decided mutually by the parties subject to consultation and agreement of the learned Arbitrator. The fee payable to the learned Arbitrator shall also be decided mutually by the parties in consultation and agreement with the learned Arbitrator.

8. Accordingly, the Arbitration Application stands allowed. No costs.

9. As a sequel, miscellaneous petitions, pending if any, shall stand closed.

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P. SAM KOSHY, J Date: 12.03.2026 Note:

The Registry is directed to furnish copy of this order to the learned arbitrator

B/o.

Ndr