K.Siddarth Reddy vs M/S Barfi Delite
2025 Latest Caselaw 2911 Tel

Telangana High Court

K.Siddarth Reddy vs M/S Barfi Delite on 7 March, 2025

          THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL

                       ARBITRATION APPLICATION No.11 of 2025

        ORDER:

Sri Vivek Jain, learned counsel for the applicant and

none appeared for the respondents.

2. The notices issued to the respondents returned with an

endorsement as "unclaimed".

3. Learned counsel for the applicant placed reliance on the

judgment of the Supreme Court in K.Bhaskaran v. Sankaran

Vaidhyan Balan 1 and submits that such notices must be

treated as served.

4. This Court finds substance in the argument of the

learned counsel for the applicant and therefore, the respondents

are treated to be served.

5. Learned counsel for the applicant is heard finally.

6. By taking this Court to the lease agreement, dated

04.05.2024, it is urged that the arbitration clause is contained

in clause 25 of the said lease agreement. In furtherance of

requirement of the said clause, the applicant has already sent a

(1997) 7 SCC 510

notice dated 28.11.2024 to respondent No.1. The respondents

did not comply with the requirement of the said clause 25 of the

lease agreement.

7. As noticed, nobody entered appearance for the

respondents, despite service.

8. Clause 25 of the lease agreement, dated 04.05.2024,

reads thus:-

"25. If at any time during the currency of this agreement, or thereafter any dispute, difference or question shall arise, the matter shall be resolved through mutual discussions, failing which the dispute arising between the parties here to concerning the subject matter of this agreement shall be settled by Arbitration to be conducted in accordance with the Indian Arbitration and Conciliation Act, 1996. Each party shall appoint one arbitrator within 30 days from the date of such dispute. The Arbitrators shall give their award within 60 days from the appointment of two Arbitrators. In case the Arbitrators do not reach the unanimous decision then the two Arbitrators shall appoint an umpire within 30 days from the date of their not reaching the unanimous decision. The Umpire shall award his decision within 30 days from the date of reference to him. The final award of the Umpire shall be binding on the parties hereto. The venue of the Arbitration shall be Hyderabad."

9. The applicant has shown that he has already sent notice,

dated 28.11.2024, in compliance of requirement of clause 25 of

the lease agreement.