Telangana High Court
M/S. Unitedfusion Resources Pvt. Ltd. vs M/S. G.K.C Projects Ltd., on 6 August, 2025
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
AND
THE HON'BLE JUSTICE GADI PRAVEEN KUMAR
COMCA No.21 OF 2025
Mr.M D Nawaz Hyder Ali, learned Counsel representing Mr. Aruva Raghuram
Mahadev, learned Counsel appearing for the appellant.
Mr.K Venkatesh Gupta, learned Counsel appearing for the respondent.
JUDGMENT:
(Per Hon'ble Justice Moushumi Bhattacharya)
We have heard learned counsel appearing for the
appellant as well as learned counsel for the respondent on the
last occasion i.e., yesterday on 05.08.2025.
2. The facts of the case leading to the impugned judgment
dated 21.02.2025 are recorded in the proceeding sheet dated
05.08.2025.
3. The appellant seeks setting aside the impugned order on
the ground that the appellant's application under Section 9 of
The Arbitration and Conciliation Act, 1996 (the 1996 Act) for
restraining the respondent from interfering with the petition
schedule property of the appellant, was partly allowed by the
learned Commercial Court.
4. However, the learned Commercial Court directed the
appellant to clear the arrears of rents, maintenance and
electricity charges till the date of the order in respect of the
petition schedule property of the appellant. The appellant was
directed to make payment towards arrears of rents etc., within
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COMCA No.21 OF 2025
four (04) weeks from the date of the order i.e., within
20.03.2025.
5. It is the admitted case of the appellant that the appellant
did not comply with the impugned order to the extent of clearing
the arrears of payment and instead filed the present COMCA
No.21 of 2025 on 24.04.2025 i.e., beyond the time stipulated by
the learned Commercial Court for compliance.
6. It is also admitted that the Arbitral Tribunal has not been
constituted till date. This is relevant since the appellant was
given liberty to make an appropriate application before
Arbitrator for interim measures. It should also be noted that
the respondent was restrained from interfering with the petition
schedule property of the appellant till the constitution of the
Arbitral Tribunal.
7. Although learned counsel appearing for the appellant
submits that the appellant has filed a contempt petition against
the respondent for non-compliance of the impugned order, we
do not find any such contempt petition on record. Learned
counsel appearing for the respondent has also disputed the fact
of any contempt petition being filed by the appellant.
8. Section 9 (2) of the 1996 Act mandates constitution of the
Arbitral Tribunal within 90 days from any interim order passed
under Section 9 (1) of the said Act. Hence, the Arbitral Tribunal
should have been constituted by 20.05.2025.
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COMCA No.21 OF 2025
9. Counsel appearing for the appellant informs the Court
that the appellant had sent a notice dated 13.06.2024 to the
respondent under Section 21 of the 1996 Act, but that the
respondent failed to reply to his notice. The Court is also
informed that the appellant has taken steps to file an
application under Section 11 (6) of the 1996 Act, but that the
application was returned by the Registry with objections on
26.04.2025.
10. Since the disputes between the parties have not been
resolved till date, and the appellant has admittedly not complied
with the relevant part of the impugned order, we deem it fit to
appoint an Arbitrator to enable the parties to carry their
disputes to Arbitration. Needless to say, the appellant shall be
at liberty to file an appropriate application for interim relief
before the learned Arbitrator.
11. We make it clear that we have not expressed any opinion
on the merits of the dispute except that the appellant has
defaulted on obligation to comply with the relevant part of the
impugned order. Hon'ble Sri Justice Reddy Kantha Rao, retired
Judge of this Court is appointed as the Sole Arbitrator. Learned
counsel appearing for both the parties have agreed to the choice
of the Arbitrator. The fees of the learned Arbitrator shall be
fixed by the parties.
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COMCA No.21 OF 2025
12. COMCA No.21 of 2025 is disposed of in terms of the
above. All connected applications, if any, shall stand closed.
There shall be no order as to costs.
__________________________________
MOUSHUMI BHATTACHARYA, J
_____________________________
GADI PRAVEEN KUMAR, J
Date:06.08.2025
EDS
