Telangana High Court
M/S. Dockware Global Logistics Private ... vs Mr. Burma Chakrapani on 21 June, 2024
Author: Chief Justice
Bench: Chief Justice
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
ARBITRATION APPLICATION No.78 of 2024
ORDER:
Mr. J. Prabhakar, learned Senior Counsel represents
Ms. D. Venkata Padmaja, learned counsel for the applicant.
Neither anyone has appeared on behalf of the
respondents nor any counter filed on their behalf.
2. This application under Section 11(6) of the Arbitration
and Conciliation Act, 1996 (hereinafter referred to as 'the
Act') has been filed seeking appointment of an Arbitrator to
adjudicate the dispute between the parties.
3. Admittedly, the parties had entered into Lease
Agreement dated 08.09.2021 and Development Agreement
dated 07.10.2021. Clauses 12 and 21 of the aforesaid
agreements respectively contain arbitration clauses which are
extracted below for the facility of reference.
"12. Legal Action and Arbitration
In relation to any dispute, claim or differences arising out
of a related to this Agreement or breach of it shall;
12.1 First be referred to the authority of each party to the
dispute to seek an amicable settlement. Such referral shall
be made by written notice from the party claiming the
dispute to any party or parties;
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12.2 Thereafter, if the senior authority of each party fail to
achieve a settlement of the dispute within 30 days, be
settled by arbitration and conciliation Act 1996,
[hereinafter referred to as the 'Act'] in force arbitration
begins.
12.3 The Arbitral Tribunal shall consist of three arbitrators,
within 30 days working days of service by one party to the
other of its application for arbitration, which application
shall contain that party's nomination as arbitrator, other
party shall nominate its arbitrator and so notify the claiming
party and within 30 days of the appointment of the second
arbitrator, the two arbitrators shall nominate a third
arbitrator.
12.4 Any dispute between two parties will be under High
Court of Telangana Hyderabad."
"21. DISPUTE RESOLUTION AND ARBITRATION
In relation to any dispute, claim or difference arising out
of or related to this Agreement or breach of it shall:-
21.1 First be referred to the senior manager(s) of each Party
to the dispute to seek an amicable settlement. Such referral
shall be made by written notice from the Party claiming the
dispute to any other Party or Parties;
21.2 Thereafter, if the senior managers fail to achieve a
settlement of the dispute within 01 (one) month (or such
longer period as the Parties may agree) of its referral, be
settled by arbitration in India. The arbitration shall be
conducted pursuant to the Arbitration and Conciliation Act,
1996 (hereinafter referred to as the "Act") in force;
21.3 The Arbitral Tribunal shall consist of three arbitrators
Within 30 (thirty) working days of service by one party to
the other of its application for arbitration, which application
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shall contain that party's nomination as arbitrator, the other
party shall nominate its arbitrator and so notify the claiming
party and, within 30 (thirty) working days of the
appointment of the second arbitrator, the two arbitrators
shall nominate a third arbitrator;
21.4 In the event that the party-nominated arbitrators fail to
agree upon and nominate a third arbitrator within such 30
(thirty) working days, the third arbitrator shall be appointed
in pursuance of the Rules. The third arbitrator shall act as
chairman of the Arbitral Tribunal. In the event of a failure
by either Party to nominate an arbitrator in accordance with
this Clause, such arbitrator shall be appointed in accordance
with the Act;
21.5 The arbitration award shall be final and binding
between the Parties and the judgment of the arbitrator shall
be entered into any court of applicable jurisdiction thereof;
21.6 Should a dispute arise under this Agreement, both the
Parties shall continue to perform their respective
obligations under the terms of this Agreement during the
period of time the dispute is being resolved and thereafter,
should the agreement continue following resolution of the
dispute. Place of arbitration will be Pune, State of
Maharashtra. Language of the said arbitral proceedings will
be English."
4. Admittedly, the disputes and differences have arisen
between the parties in relation to the aforesaid Lease and
Development Agreements. The adjudication of the dispute is
therefore necessitated by a forum which has been agreed to by
the parties under the agreements.
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5. Therefore, Mr. K. Ajitha Simha Rao, a former District
Judge (resident of Plot No.30, Gunja Sreenivas Colony, Opp:
Vaishnavi Enclave, Pet Basheerabad, Hyderabad - 500014;
Mobile No.9440128299) is appointed as an Arbitrator to
adjudicate the dispute between the parties. The parties shall
appear before the Arbitrator, along with a copy of this order,
on 13.07.2024 at 11:00 a.m. There upon, the sole arbitrator
shall proceed with the arbitral proceedings in accordance with
law. It will be open for the applicant to issue notice to the
respondents for appearance before the learned Arbitrator.
6. Accordingly, the Arbitration Application is disposed of.
7. Office to communicate a copy of this order to the
learned Arbitrator.
Miscellaneous applications, if any pending, shall stand
closed. There shall be no order as to costs.
___________________
ALOK ARADHE, CJ
st
21 JUNE, 2024.
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