Allowed

M/s. Siri Consultants v. M/s. Ritvis Labs Pvt. Ltd.

Telangana HC16 Feb 2024ARBAPPL/205/2022

Case brief

AI extract

What is this about?

In an arbitration application filed under Section 11 of the Arbitration and Conciliation Act, 1996, the High Court of Telangana appointed MS. Pratusha Boppana as the sole arbitrator to resolve disputes between the applicant and the respondents following an arbitration clause in a consultancy agreement.

What did the court decide?

Appointment of MS. Pratusha Boppana, Advocate, as sole arbitrator; Miscellaneous applications closed.

M/s. Siri Consultants Vs M/s. Ritvis Labs Pvt. Ltd. — Arbitration | Telangana HC (2024)

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[³¹⁶⁸¹

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I I I i I I I I

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENry FOUR

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PRESENT

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THE HON'BLE SRI JUSTICE K. LAKSHMAN

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ARBITRATION APPLICATION No: 205 ot 2O22

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Between

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U1..9ri.Consultants,^Rep!y-Mr.. D. Srinivasa Rao,^partner,pLOT No.601, 9IEEI^{ruo 11, D.No.7-1-791A,Dharam xaran} noii e.l"ib.it, Hvolri6;.i: 500016.

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...Applicant

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AND

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M/s. Ritvis Labs Private Lirnited, plot No.27-A, 33 & 34, ApllC, Lalam Koduru, Atchutapuram, Vishakapatnam, Andhra pradesh-53101 1. Email: [email protected]

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2 The Managing Director ,^M/s Ritvis Labs Private Limited,^plot No.27-A, 33 & 34, APilC, Lalam Kodu ru, Atchutapuram, Vishakapatnam, Andhra prddesh531011, Email: [email protected]

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Cquse title is amended as per court order dated.15 _12_2023 in lA No.1 of 2023 in ARBAPPL No.205 of2OZ2.

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...Respondents

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Arbitration Application Under sub-section 1 1 (sx6) of Arbitration and conciliation Act, 1996 praying that this Hon'ble court may be pleased to appoint a sole and lndependent Arbitrator for resolving all the disputes that have arisen between the Applicant and Respondent under the consultancy Quotation/ContracV Agreement dated 21 -03-201 g.

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Counsel for the Petitioner: SRI N. SRINIVAS

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Counsel for the Respondents: None Appeared

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The Court made the following: ORDER

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rHE HON'BLE SRI JUSTICE K. LAKSHMAN AR I L o OF o2 ORDER:

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The present Arbitration Apprication is fired under section 11(5) and (6) of the Arbitration and Conciliation Act, 1996 (for short'the Act') seeking appointment of an Arbitrator to resorve the disputes between the parties.

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Heard Sri N.Srinivas, learned counsel for the applicant. Despite service of notice, there is no representation on behalf of the responc ents

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Accorling to the applicant, on the request of respondents, it has issued a quotation dated 19.02.2019 with regard to the preparation of drawings for submission to authorities, prepa ration of civil estimates for all works for submission to financial ins:itutions if requ ired. prepa ration of BOes for tender purpose anrl preparation of tender documents, assisting and finalization r>f tenders, preparation of detaired civir, structurar and Architec:ural drawings for all works, preparation of drawings for roads ard drains, periodical supervision of site works. bill

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KL,J Arb.Appl.No.205 of 2022

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checking of the contractor's works and other miscellaneous works. Vide email dated 19.O2.2O19, respondents requested the applicant to send revised quotation. Therefore, applicant has sent revised quotation dated 21.03.2019. Respondents^have paid an amount of Rs.1,00,000/- to the applicant as advance. According to the applicant, it has completed the said^{works i.e.} scope of work mentioned in the said revised^quotation, dated 27.03.2019 and the respondents have to^pay an amount^of Rs.7,5B,7OO/ - with interest.

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Clause 5 of the said revised^quotation, dated 21.03.2019, which deals with Arbitration, is extracted hereunder:

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"All the disputes if any, will be settled amicably and Arbitration shall be in accordance with the^provisionof Indian arbitration act, or any other amendments^or modifications thereof in force.^"

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Invoking the said Arbitration clause, notice dated 09.72.2022 was issued to the respondents and the same^was returned with endorsement "7 days continuously door^locked, hence return to sender". Sending notice to the^party is sufficient

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KL,J Arb.Appl.No.205 of 2022

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in terms c,f Section 27 of General Clauses Act. Despite receiving the said nltice, respondents have not paid the aforesaid amount. Therefore, the petitioner filed the present Arbitration Application seeking a[)pointment of Arbitrator.

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As rliscussed supra, Clause 5 of the revised quotation, dated 21.13.2019 deals with Arbitration. It is an agreement between t-re applicant and respondents in terms of Section 7(2) of the Arbitration and ConciliaUon Act, 1996. Admittedly, there are disput:s between the applicant and the respondents, which are arbitra I disputes.

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7, In light of the same, the Arbitration Application is allowed. MS.PRATU:;HA BOPPANA, Advocate, is appointed as an Arbatrator to adjudic;rte the disputes between the parties. The parties are at llberty tr) raise all the issues before the Arbitrator. No costs.

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Misc<:llaneous applications, if any, pending in the Arbitration Application shall stand closed. .-_ L_- _. L- __.

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.-_ L_- _. L- __. -

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Sd/- K. SRINIVASA RAO JOINT REGISTRAR I/TRUE COPY//

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SECTION OFFICER

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To,

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1 Ms. PratusJra Boppana, Advocate, Room^{No.310,RaghavaratnaTowers,} Chiragali Lane, Abids, Hyderabad - 500001.^{(By Special Messenger)(Along} with a Cop1, of affidavit and material^papers)

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One CC to SiRl N. SRINIVAS,^Advocate [OPUC] 3. Two CD Copies ,\z-

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kam

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HIGH COL'RT DATED:1610212024

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ORDER

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ARBAPPL.No.20S of 2022

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1v{ E ST4 14-
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THE ARBITRATION APPLICATION IS ALLOVTIED

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Sul
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M/s. Siri Consultants v. M/s. Ritvis Labs Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

M/s. Siri Consultants v. M/s. Ritvis Labs Pvt. Ltd.

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

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Case details

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