Bench Sr.No:-38 v. The Registrar Of Companies & Ors.

Mr. Kuntamukkala Sai Sree Sanjay Advocate for Respondent: Mr. T. Neetu Kumar representing Mr.Pasala Ponna Rao, Deputy Solicitor General of India CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR DATE : 23rd January 2026 P C : This is an application seeking appointment of an Arbitrator to adjudicate upon the disputes arising out of and in connection with lease agreement, dated 26.05.2022. The applicant claims that certain amounts details whereof are reflected in the lease agreement remained unpaid by the respondents.

The disputes having arisen between the parties, the same, as per the lease agreement, were envisaged to be resolved through the mechanism of arbitration. In this regard, clause 18 of the lease agreement is reproduced hereunder:

18. Should any dispute or difference arise concerning the subject matter these presents or interpretation of any covenant, clause or thing herein contained or otherwise arising out if this lease agreement, the same shall be 2 HCJ Arb_appl_27_2025 referred for arbitration to the Tribunal, having, Sole Arbitrator. At the time of making a request for reference of dispute to the arbitration, the claimant shall along with such request send a panel of five persons to the other party. The other the receipt of such communication select one party shall within 15 days of member of the panel to act as Sole, Arbitrator. In case none in the proposed panel is acceptable to the other party, such other party shall within the above 15 days send another panel of five persons to claimant, and the claimant shall be entitled to nominate the Sole Arbitrator from among the panel sent by the opposite party. In case none of the member of this panel is acceptable to the claimant, the Sole Arbitrator shall be appointed by the Secretary, Department of Legal Affairs, Government of India, Delhi. The provisions of Arbitration and conciliation Act, 1996 with any statutory modification thereof and rules framed thereunder shall be applicable to such arbitration proceedings which shall be held at Vijayawada. The arbitration proceedings shall be conducted in English. The cost of the arbitration shall be borne as directed by the Arbitral Tribunal. For the purposes of this clause, the officer, who represent the Registrar of Companies, Ministry of Corporate Affairs, Vijayawada, Andhra Pradesh shall be authorized to act and nominate arbitrator on behalf of the Government of India / Lessee.

Notice invoking arbitration clause, dated 03.07.2025, was served upon the respondents suggesting five names, one of whom could be appointed as a sole Arbitrator, which however did not elicit any response and hence the present application.

Learned counsel for the respondents, based upon written instructions received by him through email, dated 23.01.2026, has no objection for the appointment of an independent Arbitrator.

Keeping in view of the ratio of the judgment in the case of Perkins Eastman Architects DPC vs. HSCC (India) Limited1 and the statement made by learned counsel for the parties, the present Arbitration Application is allowed. Mr. C. V. R. Rudra Prasad, learned Advocate, is appointed as an Arbitrator, who shall enter upon the reference and render the Award within the 1 (2020) 20 SCC 760 3 HCJ Arb_appl_27_2025 statutory period. The parties shall be free to file detailed claims and counter- claims, before the learned Arbitrator. The learned Arbitrator shall also be entitled to claim the fee in consultation with the parties. Pending miscellaneous applications, if any, shall stand closed. No costs. A copy of this order be communicated to the learned Arbitrator on the address mentioned herein below: Mr. C. V. R. Rudra Prasad, #007, Anuraga Apartment, Vivekananda Street, Opp. Dairy Towers, Gurunanak Colony, Vijayawada, Ph. No. 98481 59643. DHIRAJ SINGH THAKUR, CJ 110 4 HCJ Arb_appl_27_2025 HON’BLE MR.JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE Arbitration Application No: 27 of 2025 DATE : 23.01.2026 AKN