M/S. Archeesh Heath Care Pvt Ltd vs M/S. R.K. Brunda Universal Pvt Ltd
2023 Latest Caselaw 615 Tel

           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."

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

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