IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT: HYDERABAD
HON’BLE SRI JUSTICE K. LAKSHMAN
ARBITRATION APPLICATION No.204 OF 2025
Date: 01.05.2026
Between
Mr. Keshav Kumar Agarwal and 5 others.
…Applicants
And
Balaji Convention and Resorts Private Limited.
…Respondent
This Court passed the following:-
ORDER:
Heard Mr. Shakthi, learned counsel representing Mr. M.Hrithik, learned counsel for the Applicants and Mr.Shiva, learned counsel representing Mr. T.Thrinadh Reddy, learned counsel for the respondent.
2. The present Arbitration Application is filed under Section 11 (5) and (6) of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the Act, 1996’) for appointment of Arbitrator to adjudicate the disputes between the parties.
3. Both, the applicants and the respondent have entered into a registered Lease Deed bearing document No.3848 of 2024 dated 10.05.2024 with regard to letting out the following subject property on specific terms and conditions mentioned therein:-
“All that land admeasuring 1,22,814 Sq. ft out of total area of the property Excluding road, passages, etc, situated at 4-106 (PTIN No: 1199200635), 4-113/A (PTIN No: 1199200639), 4-107 (PTIN No: 1199200636), 4-115/2 (Part) (PTIN No: 1199200681), Kothwalguda Village, Shamshabad Mandal, Ranga Reddy District.”
Clause 31 of the said agreement deals with the dispute resolution, it is relevant and extracted below:-
“7. Any dispute arising out of or in connection with this agreement shall be dealt with by way of arbitration. The proceedings of the arbitration shall be governed by The Arbitration and Conciliation Act, 1996 along with all the statutory amendments made thereof. There shall be a sole arbitrator to be nominated by both the parties…”
4. According to the applicants, there are disputes between them and the respondent with regard to the execution of the aforesaid Lease Deed dated 10.05.2024 and letting out the said property. Therefore, they have issued a notice dated 07.07.2025 to the respondent proposing the name of Sri P. Prasad, Retired Metropolitan Magistrate as Sole Arbitrator to adjudicate upon the disputes between the parties. Despite receiving and acknowledging the said notice, there is no response from the respondent. Therefore, the applicants filed the present application.
5. As discussed supra, there are disputes between the applicants and the respondent with regard to terms of the aforesaid Lease Deed dated 10.05.2024. The same are arbitrable in nature. Therefore, the petitioner has proposed the name of Sri P. Prasad, which is not acceptable to the respondent. Therefore, the petitioner is before this Court by way of filing the present application.
6. Learned counsel appearing for the respondent reports no objection in appointing an independent arbitrator other than Sri P. Prasad, Retired Metropolitan Magistrate.
7. In the light of the aforesaid discussion, the present Arbitration Application is allowed. Accordingly,
Smt. Koka Radha Devi,
Retired
District Judge, H.No.11-13-58, Flat No.201, Eternal Rams Elite Road No.1, Near SBI Bank, Alakapuri Colony, R.R.District, Hyderabad-500102 (Mobile # 9704414866), 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 applications, pending if any, in this Arbitration Application, shall stand closed.
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