Sri.Patlolla Indrasena Reddy Vs M/S Geethika Infracon

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IN THE HIGH COURT FOR THE STATE OF TELANGANA^{AT HYDERABAD}

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FRIDAY, THE TWENW FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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ARBITRATION APPLICATION NO: 312 OF 2024

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Between:

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Sri. Patlolla lndrasena Reddy, S/o. P. Ramakrishna Reddy, Aged about⁷¹ Years, Occ. Agriculture, R/o. 2-55, Ramanthapuram Village, Shankarpally Mandal, Ranga Reddy District, Telangana-501 203

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Smt. Patlolla Sharada, Wo. Patlolla lndrasena Reddy, Aged about 61 Years, Occ. Agriculture, R/o. 2-55, Ramanthapuram Village, Shankarpally Mandal, Ranga Reddy District, Telangana-501 203

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...Applicants

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AND

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M/s Geethika Infracon, Registered partnership firm Having its registered office at, 8-2-29318218E1126, 3rd Floor, Plot No. l26, Navanirman Nagar, Jubilee Hills, Hyderabad - 500 033

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Represented by its managing partner Sri. Dasari Venkata Rama Krishna Prasad, S/o. Mohan Prasad Dasari, Aged about 57 years, R/o.Flat No.604, Polaris, Block-A Wing, Meenakshi Sky Lounge, Sy.Nos.50 and 5'1 , Hitex Road, Khanamet, Serilingampally, Hyderabad, Telangana-500 084

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...Respondent

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Application under Section 11 (5) & (6) of the Arbitration and Conciliation Act, 1996 r/w Scheme for Appointment of Arbitrator, 2017 praying that the Hon'ble Court may be pleased to appoint a Sole pleased to appoint a Sole Arbitrator to resolve the disputes between the Applicants and the Respondent arising out of the Lease Agreement Dated 151OG12023.

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Counsel for the Petitioners Ms Shivani Reddy Depa Representing M/s Resu Law Office

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Counsel for the Respondent : Sri Challa Kiranmayee

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The Court made the following Order :

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,

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HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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Arbitration Application No.312 of 2024

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ORDER:

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This Application is filed under Section 1 1(5) and (6) of the Arbitration arld Conciliation Act, 1996 to appoin t a Sole Arbitrator for the purpose of adjudication of disputes that have arisen between the applicants and respondent iri respect of Lease Agreement dated 15.O6.2023.

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Facts gir.ing rise to file this application are r,hat the applicants' claims to be the owners and possessors of the land admeasuring Ac.B- 10 Gts., forming part of Sy.Nos.39 40 ald 47, situated at Ramanthapuram Village, Shankarpally Mandal, Ranga Reddy District. Earlier, one Smt_G.Venkata Seshamma, uide lease agreement dated 20.04.2022, had taken the part of the subject property i.e, land admeasuring Ac.2-00 Gts., in Sy.No.4O/EE/3 on lease, however, on O2.Ct7.2023, with the consent of the lessee, the said lease rvas terrninated. The respondent is a partnership firm registered under the provision of Indian Partnership Act,l932 uide registration No.2069 of 2022 and the respondent with an intentior to take the subject property on lease, entered into an 1ease agreement dated 15.06.21,023, agreeing to pay a refundable caution of

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I

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deposit of Rs.50,00,000/- and Rs.4,50,000/_ as monthly rent, however, the respondent failed to pay rent from October,2023. Thereafter disputes arose between the applicants and respondent.

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l,earned counsel for the applicants has drawn attention of this Court to the clause^,25, of the agreement of lease dated 15.06.2023, wherein the parties, in case of an disputes agreed to refer the disputes to Arbitrator and the same is extracted

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hereunder:-

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"That the pafties hereto agreed_ as in the euent of ang difference or disputes aising out of this ind-enture or anA inatter relating th,ereto, the same shall be refered. to the sole Arbitrator Mr.,S/ o., Aged albout: years, Occ , R/ o.. The prouisions of the Arbitration and Conciliation Act, 1996 shall appLg and the place of Arbitration and Juri.sdiction of Courts sholl be eiclusiuetg at Ranga Reddg Distict."

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Learned counsel for the applicants further submits that in view of the dispute between the parties, the applicants as per clause '25' of the agreement of lease dated 15.06.2023, issued notice dated l l .l I .2024 invoking arbitration and nominated their arbitrator. The said notice was served on respondent. It is further submitted that inspite of receiving notice, respondent did not reply to the iegal notice dated 11.1I.2024, for invocation of arbitration and for appointment

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of sole arbitrator. Hence, the^{applicalt filed the present} applicatron.

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This Conrt on 03.O1.2025, issued^{notice tothe} respondent and permitted the applicants to take^{out oersonal} notice on respondent, the same was served^{on the respondent.}

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Learned counsel appearing for respondent did not dispute for appointment of sole arbitrator

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7 . Heard learned counsel for the applicant and^learned counsel for respondent

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Recording the above submissions, this Arbitration Application ts disposed of and Sri Justice C.PRAVEEN KUMAR, forrner Judge of the High Court for the state of Andhra Pradesh, residing at H.No.8-2-293 l82 lNLl149-8, MLA & MP Colony, Vijaya Co-operative Society, Road No.lO-C, 1S Jubilee Hills Hyderabad 500033, Mobile No.949 1399984, appointed as an Arbitrator to adjudicate the disputes between the parties. The parties shall appear before the Arbitrator, a,long with a^,ropy of this order. it is open to the parties to raise all their contentions before the Arbitrator, ald thereer-fter, the sole arbitrator shall proceed with the arbitral proceerdings in accordance'r,r,ith 1aw.

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9 Accordingly, the Arbitration Application is disposed of.

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i0. Office to communicate a copy of this order to the learned

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Arbitrator

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Miscellaneous petitions, pending if any, stand closed.

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Sd/- M. VIJAYA BHASKER JOINT REGISTRAR

//TRUE COPY//

ECTION OFFICER

To

Sri Justice C Praveen Kumar, Former Judge, R/o. H.No.8-2-293lB2lNU14g-P, MLA & MP Colony, Vijaya Co-operative Society, Road No.10-C, Jubilee Hills, Hyderabad 500 033

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IAlong^{with the Copy of the Material Papers &} Affidavit ]

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