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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT: HYDERABAD

HON’BLE SRI JUSTICE K. LAKSHMAN ARBITRATION APPLICATION No. 189 OF 2025

Date:02-04-2026 Between

Mr. Sriramoju Sambeshwar Rao and others, …Applicants

And M/s Modi Realty Pocharam LLP, ..…Respondent

This Court passed the following:-

ORDER

Heard Mr. Unnam Shravan Kumar, learned counsel for the

Applicants and Sri Duvva Pavan Kumar, learned counsel appearing for

respondent.

2. The present Arbitration Application is filed under Section 11 (6)

of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the Act, 1996’) for appointment of a sole Arbitrator to adjudicate the disputes

between the parties.

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3. Perusal of the record would reveal that the applicants and the

respondent entered into a Joint Development Agreement –cum - General Power of Attorney, dated 17.09.2019 on specific terms and conditions mentioned therein. Clause-56 of the said agreement deals with the disputes and appointment of an arbitrator, which is relevant and extracted

below:-

“That any and all disputes or differences between the Parties, in connection with this agreement of Arbitration and Conciliation Act, 1996. The place of arbitration shall be at Hyderabad validity or any of the terms thereof, the matter shall be resolved by arbitration under the provisions Secunderabad and the proceedings shall be in English. The parties shall appoint a single/sole mutually acceptable arbitrator, who shall be a retired judge preferably, to resolve the disputes and differences between the Parties. In case the Parties are unable to agree on a single/sole arbitrator then, each party shall appoint one arbitrator and the two arbitrators appointed shall nominate a third arbitrator for the purposes of arbitration. It is agreed that the fees /charges of the arbitrator so appointed shall be borne by the Owners and Developer equally. The jurisdiction for the purpose of this Agreement

shall be Court at Secunderabad”.

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4. According to the applicants, there are disputes between the

applicants and respondent with regard to the execution of said Joint Development Agreement – cum – GPA, dated 17.09.2019. There is exchange of notices between the applicants and the respondent with regard to the disputes and appointment of an arbitrator. Even then, the respondent did not come forward for appointment of an arbitrator in terms of the said agreement to adjudicate the disputes between them. Therefore, the applicant filed the present application for appointment of

an arbitrator.

5. Respondent filed counter confirming the execution of the Joint

Development Agreement dated 17.09.2019 and also stated that it has no objection for appointing sole arbitrator for adjudication of the disputes

between them.

6. Sri Duvva Pavan Kumar, learned counsel appearing for

respondent confirms the said fact.

7. The aforesaid facts would reveal that there are disputes between

the applicants and the respondent with regard to the execution of the said

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agreement – cum GPA, dated 17.09.2019. The same are arbitrable in

nature.

8. In the light of the aforesaid discussion, the present Arbitration

Application is allowed. Accordingly, Sri D. Ravindra Sharma, Retired District and Sessions Judge, Mobile No.9848790929, H.No.13-10-95, Flat No.201, Vyshnavi Apartments, New Gaddiannaram, Hyderabad, is appointed as sole Arbitrator to adjudicate the disputes between the parties. The parties are at liberty to take all the available

pleas and defences before the learned sole Arbitrator.

Consequently, miscellaneous Petitions, pending if any, in this

Arbitration Application, shall stand closed.

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K. LAKSHMAN, J Date: 02.04.2026

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