Arbitration applications for appointment of arbitrators were filed but not pressed by applicants due to pending Insolvency and Bankruptcy Code proceedings. The court noted no application was filed for arbitrator substitution under Section 15(2) and closed the matters.
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.
IN THE HIGH COURT FORTHE STATEOF TELANGANA AT HYDERABAD
FRIDAY,THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
ARBITRATION APPLICATION Nos : 152 154 155 and 156 OF2021
ARB,APPLICATION NO. 152OF 2021
Between:
kothapet, Hyderabad-500035
AND
M/s. Karvy Data Management services Limited,Representedby its Managing Director, b/o. House tl-o. 46, Karvy 8-2-609/K, RoabNo.1, Avehue 4, Banjara ...RESPONDENT Hills, Hyderabad- 500034
Arbitration Application filed under Sections11 (5) and(6) of the Arbitration and Conciliation Act R/w Scheme forAppointment of Arbitrator, 1996 praying that this Hon'ble Court may bepleased toappointtwo Arbitratorsor alternatively a sole Arbitrator to resolve thedisputesbetweenthe Applicant and the Respondents arising out of the Lease deed dated01 -08-2019.
Counsel for the Applicant : Ms. S. Bhavana, learned counsel representing SRI SRINIVAS VELAGAPUDI
Counsel for the Respondent: NONE APPEARED
ARBITRATIO N APPLICATION NO: 154 OF 2021
Between:
AND
M/s. Karvy Data Management services Limited, Represented bv its Manaoino fJ,rrector,O/o. HouseNo. 46, Karvy B-2-609/K, Road No.1. Avenue 4. Baniira' Hills, Hyderabad- 500034 ...neSiOr.rOir,r
Arbitration Application filed under sections 1i (5) and (6) of the Arbitration and conciliation Act R/w Scheme for Appointment of Arbitrato r,201r praying that this Hon'ble Court may be pleased to appoint two Arbitrators or alternatively a sole Arbitrator to resorve the disputes between the Appricant and the Respondents arising out of the Lease deed dated 01/0g/20rg.
Counsel for the Applicant : Ms. S. Bhavana, learned counsel representing SRI SRINIVAS VELAGAPUDI
Counsel for the Respondent: NONE APPEARED
ARBITRATION APPLICATION NO: 155 OF 2021
Between:
AND
$l";JffltB:f eT3!-ltT8:Ll?fi 'Bt".TT,'likli,,ffi tiTi:"?",l:g:XjX?I' Hills, Hyderabad- 500034 ...RESPONDENT
Arbitration Application fired under Sections 11 (s) and (6) of the Arbitration and conciliation Act R/w scheme for Appointment of Arbitrato r,2012 praying that this Hon'ble court may be preased to appoint two Arbitrators or alternatively a sole Arbitrator to resorve the disputes between the Appricant and the Respondents arising out of the Lease deed dated 01 _08-2019
Counsel for the Applicant : Ms. S. Bhirvana, learned counsel representing SRI SRINIVAS VELAGAPUDI
Counsel for the Respondent: NONE APPEARED
2
ARBITRATION APPLICATI ON NO: 156 OF 2021
Between:
AND
M/s. Karvy Data Management services Limited, Represented bv its Manaoino Director,0/o. House No.46, Karvy 8-2-609/K, Road'No.1, Avenrie ....RESPONDE]IT4, Banja-ra- Hills, Hyderabad- 500034
Arbitration Application fited under sections 11 (5) and (6) of the Arbitration and conciliation Act R/w scheme for Appointment of Arbitrato r,2012 praying that this Hon'ble court may be pleased to appoint two Arbitrators or alternatively a sole Arbitrator to resolve the disputes between the Applicant and the Respondents arising out of the Lease deed dated 01 -0g-201g
Counsel for the Applicant : Ms. S. Bhavana, learned counsel representing SRI SRINIVAS VELAGAPUDI
Counsel forthe Respondent: NONE APPEARED
The Court made the following COMMON ORDER
, I
f
HON'BLE SRI JUSTTCE K. LAKSHMAN ARBITRATION APPLICATION Nos. 152 154 155 aud L56 of2O2L
COMMON ORDER:
Vide order dated 28.03.2023, this Court appointed Sri Justice C. Praveen Kumar as a sole arbitrator in place of Sri Justice Ramesh Ranganathan to adjudicate the disputes between applicants and respondent. Vide order dated 26.04.2023, Sri Justice C. Praveen Kumar informed the Registry that he was a Retainer and Legal Advisor to the respondent till his elevation as a Judge, it may not be proper to him to resolve the disputes between the parties. Therefore, he has retumed the papers.
It is relevant to note that neither the applicants nor the respondent filed an application under Section l5 (2) of the Arbitration and Conciliation Act, 1996 seeking to substitute the arbitrator. When the matters were listed for hearing today i.e., 02.02.2024, Ms.S.Bhavana, leamed counsel representing Mr.Srinivas Velagapudi, leamed counsel for the applicants informed this Court that in view of pendency of proceedings under Section 7 of The Insolvency and Bankruptcy Code, 2016 before the National Company Law Tribunal, Hyderabad bench, no further orders are required in the present arbitration applications AS they are not pressing the present
..i
2
applications. Therefore, the applicants are not filed any application under Section 15 (2) ofthe Act seeking substitution ofan arbitrator. She has also made endorsement that:_
S. Bhavana 02.02.2024 Withdrawn
In the light of the same, no fuither orders are required in the
present arbitration applications. These applications are closed.
Consequently, miscelianeous petitions, pending if any, shall
stand closed.
Sd/. M. VIJAYABHASKER' JOINT.REG_!.!irRARV
//TRUE COPY//
SECTION OFFICER
To i.- tft. Ctt"it.an,National Company Law Tribunal, Hyderabad Bench' Hvderabad.
1
kul
HIGH COURT
KLJ
DATED:021O212O24
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COMMON ORDER
ARBITRATION APPLICATION Nos i 152 154 155 and 156 OF 2021
CLOSING THE ALL ARBITRATION APPLICATIONS
1 issue framed by the court
Whether the arbitration applications filed under Section 11 of the Arbitration and Conciliation Act should be disposed of given the pendency of Insolvency proceedings.
1 provisions across 1 enactments
Sri. Gourishetty Vasavi
Sri. Gourishetty Pranay Kumar
Sri. Gourishetty Srinivas
Sri. Gourishetty Sattaiah
Sri. Gourishetty Ravindra Kumar
M/s. Karvy Data Management services Limited
K Lakshman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
