Andhra Pradesh High Court - Amravati
Kaveri Consttuctions, vs The Hindustan Shipyard Staff ... on 15 December, 2022
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
CIVIL MISCELLANEOUS APPEAL No. 137 of 2022
JUDGMENT:
A memorandum of understanding dated 15.09.2020 was entered
into by and between the appellant and respondent herein, was
cancelled by a resolution dated 25.09.2021 by the respondent herein. A
suit was filed by the appellant herein to cancel the said resolution dated
25.09.2021 on the ground that the resolution is arbitrary, illegal, high
handed, null, void, inoperative and unenforceable. The said suit was
dismissed by an order dated 15.12.2021 by the II Additional Senior Civil
Judge, Visakhapatnam.
2. Heard Sri Sita Ram Chaparla, learned counsel for the appellant
and learned Senior Counsel Sri Salman Khurshid appeared on behalf of
Smt. V. Santhi Sree representing Sri Chalasani Ajay Kumar, learned
counsel for respondent.
3. Aggrieved by the judgment and decree, the appellant herein filed
first appeal in A.S. No.01 of 2022, in the said appeal an I.A. No.17 of
2022 was filed seeking ad-interim injunction under Order XXXIX Rule 1
and 2 of C.P.C. The said I.A. was dismissed by an order dated
31.03.2022 by the learned Judge i.e. the Special Sessions Judge for
trial of cases under SCs and STs [POA] Act-cum-XI Additional district
and Sessions Judge, Visakhapatnam.
4. Aggrieved by the said Order in I.A. No.17 of 2022, the present
Civil Miscellaneous Appeal was filed. Initially temporary injunction was
granted by this Court by an order dated 06.05.2022 restraining the
respondent herein from alienating or entering into any agreements or
contracts or memorandum of understanding in respect of landed
property of Ac.16.00 cents in Survey No.30 of Vepagunta Village, which
is fully described in the schedule appended to the appeal. While so, on
receiving notice, the respondent appeared through his counsel. That
the matter is taken up by this Court on 30.11.2022 both the appellant
and respondent have come to consensus for invocation of arbitration
clause as enumerated in the memorandum of understanding dated
15.09.2020 and as such this Court is directed both the parties to file
respective affidavits for referring the matter to the Arbitrator as per the
arbitration clause in the agreement.
5. The appellant herein filed the affidavit dated 13.12.2022 stating
that both the parties i.e. appellant and respondent herein agreed to
refer the dispute to the arbitrator and to appoint Hon'ble Sri Justice
M.Satyanarayana Murthy, Judge (retired), High Court of Andhra
Pradesh as Arbitrator. In the same manner, the respondent has filed
affidavit for referring the matter to the Arbitrator but subject to without
prejudice to its preemptive rights.
6. In view of the affidavits filed by both the parties, the present Civil
Miscellaneous Appeal is disposed of referring the dispute i.e.
cancellation of Memorandum of understanding dated 15.09.2020 by
resolution dated 25.09.2021, to Hon'ble Sri Justice M. Satyanarayana
Murthy, Judge (Retired), High Court of Andhra Pradesh, resident of
Villa No.4, Misty Avenue, Karakatta Road, Undavalli (Rural), Guntur
District, as Arbitrator to adjudicate the dispute of the parties.
7. The fee of the arbitration as well as the terms and conditions shall
be settled by the parties in consultation with the Arbitrator so
appointed. The Registry is directed to send a copy of this Order to
Hon'ble Sri Justice M. Satyanarayana Murthy, Judge (Retired), High
Court of Andhra Pradesh to his proper address.
As a sequel to allowing the appeal, pending miscellaneous
petitions if any, shall stand closed. There shall be no order as to costs
of the appeal.
________________________________________
JUSTICE TARLADA RAJASEKHAR RAO
Date: 15-12-2022
Harin
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
C.M.A.No.137 OF 2022
Date: 15-12-2022
Harin
