The court may appoint an independent arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, when a valid arbitration agreement exists and the responding party fails to participate in the appointment process after due notice.

ORDER:

Heard Mr. G. Premgopal Reddy, learned counsel for the applicant.

2. By order dated 12.06.2026, this Court proposed to appoint Sri D. Ravindra Sharma, Retired District Judge, as an independent Arbitrator to adjudicate the dispute between the parties. The order dated 12.06.2026 is extracted hereunder for easy reference:

“Mr. Gudipati Premgopal Reddy, learned counsel appears for applicants. Under the Master Licence Agreements - Teachnext, the applicants undertook to provide services to the respondents. But, disputes arose between the parties. As such, the applicants had invoked arbitration clause No.11.10 of the aforesaid agreements by issuing a notice proposing the name of an arbitrator. The respondents had failed to furnish reply. Therefore, the applicants had approached this Court. Notices were issued upon the respondents vide orders dated 14.11.2025 and 21.11.2025. Despite service of notice, the respondents had not entered appearance. Learned counsel for the applicants therefore submits that since the ingredients for invocation of the jurisdiction of this Court under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996, are made out, this Court may proceed to appoint an arbitrator to adjudicate the dispute between the parties. I have considered the submissions of the learned counsel for the applicants. It appears that an agreement exists between the parties which provide for adjudication of the disputes arising under the agreements through arbitration. The applicants after issuance of notice invoking the arbitration clause had approached this Court for appointment of an arbitrator. In the present matters, after notice, the respondents had not entered appearance. Therefore, this Court proposes to appoint Sri D. Ravindra Sharma, Retired District Judge (Resident of Flat No.201, H.No.13-10-95, Vaishnavi Apartments, New Gaddiannaram, Hyderabad-500060; Mobile No.9848790929), as an independent arbitrator to adjudicate the disputes between the parties. It is made clear that all questions of law and fact are left open to be raised before the learned Arbitrator in respect of the disputes arising under the agreements between the parties. The proposed arbitrator is requested to submit his consent and a declaration in terms of Section 12(1) read with Schedule VI of the Act. Registry is directed to communicate this order to the proposed arbitrator. The matters 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 letter dated 22.06.2026.

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 Sri D. Ravindra Sharma, Retired District Judge (Resident of Flat No.201, H.No.13-10-95, Vaishnavi Apartments, New Gaddiannaram, Hyderabad-500060; Mobile No.9848790929), 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.