Allowed

M/s. Sana Constructive Services v. Navjyoti Commodity Management Services Limited

Telangana HC15 Nov 2023ARBAPPL/132/2022

Case brief

AI extract

What is this about?

The High Court of Telangana allowed an arbitration application under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996. The court appointed Smt. D. Sarala Kumari as the sole arbitrator to adjudicate a dispute arising from a works contract between the applicant and respondent regarding post-harvest storage infrastructure projects.

What did the court decide?

Appointment of Smt. D. Sarala Kumari, Retired Senior Civil Judge, as the sole arbitrator to resolve the disputes between the parties.

M/s. Sana Constructive Services Vs Navjyoti Commodity… — Arbitration | Telangana HC (2023)

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[^321e1

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IN THE^{HIGH COURTFORTHE STATE OF TELANGANA} AT HYDERABAD

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WEDNESDAY,^{THE FIFTEENTHDAY OF NOVEMBER} TWO THOUSAND^{ANDTWENTY THREE}

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PRESENT

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THE HON'BLE^{SMT. JUSTICEP. MADHAVI DEVI}

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ARBITRATION^{APPLICAT ION No: 132 ot 2O22}

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Between:

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M/s. Sana^{Constructive Services, 110-111' President Tower' MadhuMilan} Square, lndore^(M.P.)l

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Rep by its^{Proprietor,Zahida W/o Z IHaideri'Aoe 50 vears'Occupation} Business,^Resident "r^{66:'iil;y;;i n"ra, v1,"*'45544,Di;trict lndore (M.P)}

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...Applicant

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AND

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Navivoti Commodity^{ManaqementServices Limited' C/o L NB RcaltyL L P''} itijii"Iirr"i"c:), -3L"i6i-r ri: ri ;; i;.hil Encrave, Mad hapur, Hvderabad500081.

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Cause title^{Amended as perCourt orderdated 28-04-2023 in lA No 1 ol 2023 in} ARBAPPL^{No.132ol2022.}

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...Respondent

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Arbitration Applicatlon^{Under Section11 (5) & 11 (6) of} 11"^{A'bi!9t9i.1ld} Conciliation^{nct,t S9O praying that for the reasonsstatedin the accompanytng} inis'Hon'ute c;;;^{;;v be pleasedto appoint an arbitratorto resolve} ;ililril;: the disputes^{that have urirL" i.i*.j"nthe Petitionerand the Respondent} ;";i,Uth;^{contract o,i"o-og-oz-2018 for the work of "Post-harveststorage} infrastructure and^{ancillary i'ifi'gptj""t located at Survey Number 306/2'Halli'} ;i;',iil;;,^{Grnataka, bea ri ns x oI ru RVlcn ltruur sa tw o t 20 17- 1 B t 02'}

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Counsel for^{the Petitioner: Mr' MOHD' HASNAINABBAS}

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Counsel for^{the Respondent: Mr' KANDULA VENUGoPALARAO}

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The Court^{made the following:ORDER}

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THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI ARBITRATION APPLICATION No. 132 of 2O22

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ORDER

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Hearcl Md.Hasnain Abbas, iearned counsel for the applicant and Mr.Kandula Venugopal Rao, learned counsel for the respondent.

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2 In this application filed under Section 1l(S) €6 (6) of the Arbitration and Conciliation Act, 1996 (briefly ,the A&C Act' hereinafter), petitioner inter alia seeks appointnrent of an arbitrator to adjudicate the dispute between the parties.

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Admittedly, the parties have entered into an Agreement on 03.O2.2Olg. The sub_clause Nos.(e) and (f) of Clause 6 of the said Agreement contains an arbitration clause, under which the dispute has to be referred for adjudication under the provisions of A&C Act. The sub_ clause Nos.(e) and (f) of crause 6 of the Agreement reads as under

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(e) Arbitration: This u_tork contract is subject to the juisdiction of Hyderabad-.

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(fl Ang dispute or differences betu.teen the parties -g1S^{,",out of the constructionor interpretatiort} of the

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Arh..4trtLNo. I J2 of 2022

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prouisions of this Agreement be rekned. to a sole arbitrator appointed jointlg with mutual consent bA Naujgothi and Sana and stto,lL be settled in accord_ance with the Arbitrotion and Conciliation Act, 1996 and_ ony amendment thereto.....

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In view of the same, arbitration application is allowed appointing Smt.D.Sarala Kumari, Retired Senior Civil Judge, Resident of Flat No.405, Vrjay Vihar Apartments, Road No.2, Green Hiils Colony, Kothapet, Hyderabad-l2, Cell No.: 9440363032 as the Arbitrator to resolve the disputes that have arisen between the petitioner and the respondent regarding the Works Contract dated 03.02.2018 for the work of "post-harvest storage infrastructure ald ancillary building project located at Survey Number 306/2, Halli, Chitrdurga, Kamataka, bearing No.NAV/ Chitrdurga I W O / 20 t7 - tB I 02". The parties are at liberty to raise all factual and legal grounds in support of their respective claims.

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The parties undertake to appear before the sole arbitrator along with the copy of this order.

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Learned Arbitrator shall thereupon proceed with the arbitral proceedings in accordance with law.

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trh A? n - l l2 of 20))

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The learned Arbitrator is entitled to fees as per the rates specified in the Fourth Schedule to the Act of 1996, inserted by Act 3 of 2016 u,ith erfect from 23.1o.20r5. wrrich shall be borne by both parties in equal shares.

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8 Oflice to communicate a copy of this order to the learned Arbitrator.

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As a sequel thereto, misceilaneous applications,

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if any, pending in the arbitration apprication stand closed.

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Sd/- B.S. CHIRANJEEVI JOINT REGISTRAR //TRUE COPY//

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To,

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,/ SECTION OFFICER

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l Smt' D Sarara Kumari, Retired senior civir Judge, Resident of Frat No.405, Vijay Vihar Apartments, Road No.2, Green Hills Colony, Kothapet, Hyderabad-.'2, Ce, No.: 9440363032. (By Special Messenger) (Atong with a Copy of affidavit and material papers)

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One CC to Mr. MOHD HASNAIN ABBAS, Advocate tOpUCl 3. One CC to Mr. K. VENUGOPAL RAO, Advocate [OpUC] 4. Two CD Copies

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kam

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HIGH COURT DATED:1511112023

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ORDER

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ARBAPPL.No.132 of 2022

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HE STAT €'
(
O 1 1 0EC 2023 Ioz
j>

oEsparcn1rg

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THE ARBITRATION APPLICATION IS ALLOWED

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M/s. Sana Constructive Services v. Navjyoti Commodity Management Services Limited

Case brief

What is this about?

What did the court decide?

M/s. Sana Constructive Services v. Navjyoti Commodity Management Services Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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