The High Court allowed the arbitration application filed by the landlord against the tenant to appoint an arbitrator for a dispute regarding the payment of an advance amount under a lease agreement. The court appointed Ms. R. Sudha as the sole arbitrator.
Arbitration Application allowed; Ms. R. Sudha appointed as Arbitrator.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO
ARBITRATION APPLICATION NO.64 OF 2012
ORDER:
1. This application is filed by the landlord against the tenant for appointment of an Arbitrator, as there was dispute with regard to the payment of the advance amount.
2. A notice was given and while denying the liability and arbitrary dispute, the respondent has given a reply that a sum of Rs.38,86,947/is due. In fact, the petitioner has also mentioned the name of the Arbitrator.
3. Clause 7.2 of the original agreement between the parties refers to the settlement of the dispute by an Arbitrator to be mutually agreed upon, but however, there is no mutual consent.
4. Therefore, in the above circumstances, it is a fit case where an Arbitrator has to be appointed for determination of the dispute between the parties.
5. Accordingly, the Arbitration Application is allowed and Ms. R.Sudha (8980), Advocate, 13-37, Kodanda Ram Nagar, P & T Colony, Dilsukhnagar, Hyderabad, Cell No.94904 23664, is appointed as Arbitrator to resolve the dispute between the parties. The Arbitrator is entitled to fees as per the rules. Miscellaneous applications, if any, pending shall stand closed.
______________________ (N.R.L.NAGESWARA RAO, J)
22nd April 2013 RRB
2 issues framed by the court
Whether an arbitrator should be appointed for a dispute regarding land lease tenancy advance payment in the absence of mutual consent for arbitrator selection.
Whether the court has the power to appoint an arbitrator under the arbitration agreement when parties fail to mutually agree on the arbitrator.
Landlord
Tenant
N.R.L.NAGESWARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
