THE HON'BLE SRI JUSTICE T. VINOD KUMAR
AND
THE HON'BLE SMT. JUSTICE P.SREE SUDHA
CIVIL MISCELLANEOUS APPEAL No.453 of 2022
JUDGMENT:(per Hon'ble Sri Justice T.Vinod Kumar)
This C.M.A. is filed against the order dt.26.08.2022 passed in
I.A.No.193 of 2022 (old I.A.No.908 of 2021) in O.S.No.30 of 2020 on
the file of the II Additional District Judge, Medchal-Malkajgiri District at
Medchal.
2. When the appeal is taken up for hearing, Sri L.Ravi Chander,
learned Senior Counsel, representing Sri Mayur Mundra, learned
counsel for the appellant, and Ms.K.Manasa, learned counsel
representing Sri Challa Gunaranjan, learned counsel for the
respondent, would submit that the parties are agreeable for resolving
the disputes by reference to an arbitrator, in terms of Clause 30 of the Lease Deed dt.04.10.2017, which reads as under:
"This Lease deed shall be governed by the laws of India. In the event any disputes arise between the parties, the matter to be referred to arbitrator in accordance with the Arbitration and Conciliation Act, 1996 in India. The seat of arbitration shall be Hyderabad. The arbitrator shall be appointed by the Lessor. Any award made by the arbitrator shall be binding on both the parties."2
3. Having regard to the consensus arrived at between the parties for resolving the dispute amicably by referring to arbitration, without going into merits of the issues raised in the present CMA, the parties are relegated to arbitration and Smt.Justice Kongara Vijaya Lakshmi, Jugde (Retd.) of High Court of Andhra Pradesh, D.No.8-2-23/82/F/, Plot No.9/B, Road No.7, Film Nagar, Jubilee Hills, Besides Film Nagar Cultural Center, Hyerabad-500033, is appointed as the sole Arbitrator, who will adjudicate the disputes between the parties, as may be raised before her. The learned Arbitrator shall make appropriate disclosure in terms of the provisions of the Arbitration and Conciliation Act, 1996, and shall be entitled to charge fees according to the provisions of the Act.
4. At this stage, it is brought to our notice that the appellant is continuing to pay the monthly rent to the respondent as per the interim order passed by this Court dt.26.10.2022, which the appellant shall continue to pay, till the parties concerned make an application before the leaned Arbitrator in terms of Section 17 of the Act. No order as to costs.
__________________ T. VINOD KUMAR, J Date:07.02.2023 ________________ P.SREE SUDHA, J GJ 3 THE HON'BLE SRI JUSTICE T. VINOD KUMAR AND THE HON'BLE SMT. JUSTICE P.SREE SUDHA CIVIL MISCELLANEOUS APPEAL No.453 of 2022 (per Hon'ble Sri Justice T.Vinod Kumar) 07.02.2023 GJ 4