Mohammed Ishaq & Anr. v. Appiicants
Case at a glance
- Bench
- P SAM KOSHY, P SAM I OSHY
Outcome
Allowed
Accordingly, the Arbitration Application stands allowed
Provisions considered
Key paragraphs
- Para 55. On 25.04.2025, notice was ordered to th€ respondent, and accordingly the respondent engaged a counsel to repr(.. ent his case. 6- considering the factual matrix of the case and rr so the contenriorrs put forth by the learned counsel for the applicants, rlr s…
- Para 77. Needless to state that both parties are at libr, rt to raise all clairrrs ard counter claims before the sole arbitrator who i r runt shall conrlucl the arbitration proceedings in accordance with Pr r r.isi.ns of thc r\.t The venue of arbitration shall…
Judgment
Cause title
Arbitration Application filed Under Section 11 (6) of the Arbitration and Conciliation Act, 1996 R/w Scheme for Appointment of Arbitrator, 2002 praying that in the circumstances stated in accompanying affidavit this Hon'ble Court may be pleased to Pleased to pass an order appointing a Sole Arbitrator to enter into a reference for entertaining and adjudicating upon the claims and counter claims of both the parties arising out of the lease Deed dated 211O212019. Counsel for the Applicants :
Sri Anuj Raj, Counsel appearing for
Sri Rakesh Sanghi Counsel for the Respondent : Sri Katika Ravinder Reddy The Court made the following: ORDER Page I of 4 IN THE HIGH COURT FOR THE STATE OF TEI ANGANA AT I{YDERABAD THE HONOURABLE SRI JUSTICE P. SAM I. OSHY Arbitration Application No.74 of 2OIl ! Date of order: L2.O3,2O26 BETWEEN: Mohammed Ishaq, S/o. Mohammed Yousuf, and another M/s.Islamic Educational & Welfare Society And
ORDER:
Appiicants Respondent The instalt Arbitration Application has been fil,: I by the applicants under Section 11(6) of the Arbitration and Conciliat c,n Act, 1996 read with Scheme for appointment of Arbitrators, 2002 p aying the Court to appoint a sole arbitrator on behalf of applicants to €r ter into a reference for entertaining and adjudicating upon claims aL.( counter-claims of both parties arising out of the Lease Deed dated 21 .a 2.2olg entered into by the parties.
Heard Mr.Anuj Raj, learned counsei appea_ring on behalf of Mr. Rakesh Sanghi, learned counsel for the applicants; and Mr. Katika Ravinder Reddy, learned counsel for the respondent. 3' It is the case of applicants that they are owners of premises bearing M.No. 16-1-15/J/10 admeasuring t2S Sq.yds.; M.No. 16_1_lS admeasuring 335 Sq.Yds.; and M.No. 16-l-lS/J/ 12 admeasuri ng 445 Sq.Yds., all contagious premises totally admeasuring 1,240 Sq.yds; that applicants, with an intention to lease out the said premises, had entered into a lease agreement, vide Lease Deed dated 21.O2.2O1g, with the respondent on a monthly rent of Rs.3,50,O00/-; and the said Lease Deed also contained an arbitration clause which specified *rat in case of a,y dispute arising between the parties, the dispute shall be referred to a Sole Arbitrator
It is the further case of applicants that when applicants intended to vacate the respondent from subject premises, they applicants have got issued a quit notice dated 29. rt.2023 to the respondent, and arso frled a suit for ejection before the Trial court, viz., o.S.No. r32 of 2023 under order VII Rule I read with Section 26 of civil procedure code, lgog; vide Judgment and Decree dated 30. 12.2024, the Trial Court $rected the parties to invoke Arbitration clause contained in the Lease beed dated PaBe 3 of 4 2I.O2.2019; thereafter, the applicants got issued a notice darecl
05.02.2025 to the respondent u'ith a proposal t,> appoint a Sole Arbitrator; however, since there r,\,,as no response fror L the respondent. the instant arbitration application is liled by the apl) ()ants before this Court.
On 25.04.2025, notice was ordered to th€ respondent, and accordingly the respondent engaged a counsel to repr(.. ent his case. 6- considering the factual matrix of the case and rr so the contenriorrs put forth by the learned counsel for the applicants, rlr s court is inclined to allow the Arbitration Application. Accordingly, lis Court appoinrs Mr. B. Suresh, retired Metropolitan Sessions Jud: :, resictent of Flat Nos. 1O2 & 103, Viswa Sai Nilayam, Jawahar Nagar, /oulali, l{yderabaci - 50O O40, Mobile No.76709 28092 as the sole Arb,r.:rtor ro resolve rhe dispute between the parties.
Operative part
Needless to state that both parties are at libr, rt to raise all clairrrs ard counter claims before the sole arbitrator who i r runt shall conrlucl the arbitration proceedings in accordance with Pr r r.isi.ns of thc r\.t The venue of arbitration shall be decided mutually Ir. the parties subjecr to consultation and agreement ol the learned Arbitr,r .r. The lee pa1,abl. -l to the learned Arbitraror shall also be decided mutually by the parties in consultation and agreement u,ith the learned Arbitrator. a. Accordingly, the Arbitration Application stands allowed. No costs
As a sequel, miscellaneous petitions, pending if any, sha_ll stand closed. To, //TRUE COPY// SD/- R.KARTHIKEYAN JOINT REGISTRAR CTION OFFICER 1 . Sri B Suresh, retired Metropolitan Sessions Judge, Resident of Flat Nos.102 & 103, Viswa Sai Nilayam, Jawahar Nagar, Moutali, Hyderabad - 5OO O4O. (By Special Messenger) (Along with a Copy of affidavit and material papers)
2. One CC to SRI RAKESH SANGHI, Advocate [OPUC] 3. One CC to SRI KATIKA RAVINDER REDDY, Advocate tOpUCl 4. Two CD Copies b. ADK/PSL I HIGH COURT DATED: 1210312026 .. , .,1:: str{ 1,_f U ti URR lufi 5 t t.,- * l':$ ORDER ARBAPPL.No.74 of 20ZS ALLOWING THE ARBAPPL WITHOUT COSTS (, 1 {. 1L ,
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the Arbitration Application stands allowed
Which statutory provisions did this judgment involve?
Arbitration and Conciliation Act, 1996 — s. 11(6).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.