Mr. Arimilli Ramakrishna, vs Andhra Pradesh State Warehousing ...
2022 Latest Caselaw 5146 AP

            HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

            MAIN CASE No:Arbitration Application No.193 of 2014

                           PROCEEDING SHEET

SL.           DATE                                  ORDER                                    OFFICE
NO.                                                                                           NOTE
11        12.08.2022   RRR, J
                            The present application has been filed for
                       appointing       an    arbitrator,         for     claiming     the
                       preservation and maintenance charges that are
                       said to be due to the applicant, under the
                       Agreement dated 09.07.2010.

                            The     arbitration           clause         in   the     said
                       agreement provides for referring all disputes to
                       arbitration. This clause is not disputed by the
                       respondent       and        is   infact    admitted       by    the

respondent in the counter filed by it. Clause 10 does not stipulate as to the venue or seat of arbitration. However, it is stated that Courts at Hyderabad would have jurisdiction. In such circumstances, it would be the Courts at Hyderabad which would have to decide this application. The lack of the words only or any stipulation it is only at Courts at Hyderabad that would have jurisdiction would also not arise in view of the judgment of the Hon'ble Supreme Court in Swastik Gases Private Limited vs. Indian Oil Corporation Limited.1.

In the circumstances, this application needs to be sent back to the Hon'ble High Court of Telangana at Hyderabad for appropriate consideration and disposal.

Registry is directed to take necessary orders and dispatch this application back to the High Court of Telangana at Hyderabad.

________ RRR, J RJS

(2013) 9 SCC 32 SL. DATE ORDER OFFICE NO. NOTE