The High Court · 2025

IiI/s. Ultimate Software Solutions Pvt. Ltd, Having i lsland, Flat 5-H, 10-1-47. Siripuram, Visakhap 530003 Represented bY, Mr. Rajasek Email. Also At. Sv No. 1'll'14 to '1 1i18, Plot No BB1, Madhapur, iRanga Reddy, Telangana- 50008'1 ItIr Raiasekhara Reddv Yarram, Director, M/s Ultimate Software Solutions i;; itd: R/; Prot r.ro iso, 4th Floor, Road No 8. Kakatiya Hills Madhapur' Teiangana - 500081 Email. rajasekharareddy yarramE2gmatt com ryarram9@q mail.com Also at. Plot No. 356, Sarojini Naidu Nagar, Guttala BegumPet Na, 500081 Hyderabad, Also at. H No. 2-58111134, Siddi Vinayaka Nagar, Khanampet HYderabad, 500082 Telangana AIso at. Flat No.502, MCR Complex, Swamy Ayyappa Society, Madhapur 500081 Hyderabad Also at. Pl 500081 Mr. Kandati Anil Kumar, Director, Ultimate Software Solutions Pvt' Ltd Plot iril 3;6, s;r"tini rriiiou illagar, Guttata Begumpet Na Hyderabad, Telangana Email. - - anil skiims(iParmail'com Also At. Survey- t'lo.ZZS 11A,225t1C' Raiupalem Main Road' Raiupalem Guntur, Andhra Pradesh - 522411 Mr. Ravindra Valluri, Director, Ultimate Software Solutions Pvt Ltd' H No B- ,ii s,'i;ioi rlo zi, s.pt"giri c"l"ny, lvtiy"pu,, Hyderabad, Telangana 500050 ot No.305, AYYaPPa Society, Madhapur HYderabad, Telangana 500081 Telangana Telangana ...ResPondents ,"!!?':s-7 Arbitration Appl cation Under section 11 (5) the Arbitration a'rd conciliation Act, '1 996 R/r/V Scheme for Appointment of Arbitrators 1996 pray,ing that in the in accompanying affidavit this Hon'ble {)ourt may be circumstances stale,J pleased to. a) Appoint an arbitrator in terms of Clause 1.1 of the Agreement dated 01 11.2019 behveen the Applicant and the Respondents for adjudication of the claims and rlisputes between the Applicant and Respondents, b) To grant any ,ther relief or reliefs which this Honorable Court deems fit and proper in the circumstances of the case. c) Award the costs of the present Application. Counsel for the Applicant : Sri. Ekant Hiranandani Counsel for the Respondents : None appeared The Court made ther following: ORDER HON'BLE SRI JI'STICE K. LAKSHMAN ARBITRATION APPLICATION No.244 of 2o24 ORDER: In compliance with Order dated |O'O2'2O25 learned counsel for the applicant has hled notice published in Andhra Jyothi Telugu News Daily vide U'S'R'No'24813 datedO5.O3.2O2S.Despiteserviceofnotice,noneappears for respondent Nos. I and' 2' Perused the record' Heard Sri Ekant Hiranandani learned counsel for the applicant'

2. Applicant herein is claiming that he is the absolute owTrerofthepremisesadmeasuing2,2Sosquarefeetpart on the 4th floor in the commercial building known as Uanaki Towers'bearing H'Irlo'3-231/NR' in the land admeasuring 5OO square yards or 418 square meters in Plot No.231 Sy.No'46/P, Guttala Begumpet' Sherlingampally Mandal, Ranga ReddyDistrict' The applicant and respondent No'1 represented by respondent No.2 entered into a lease deed dated 01'11'2019 for selling the said property on the specihc terms and conditions mentioned therein. The said lease deed is for a period of i 1 I 11 KL,J ,^ . Ai)p.No.244 o{ 2O2zr 2 (03) years r:ommencing from 01.ll.2olg to 31 1O.2O22. Pursuant to lhe said lease deed, respondent No.1 was put in possessiorL of the subject property. 1st respondent has not paid the agreed lease amount. Applicant has r.equested the respondt:nt Nos. I and 2 to pay the rent dues lry way of submitting letters dated 0i.ll.2O2O, 03.12.2020. vide e_ mail dated 2=,.O5.2021 and 07.O9.2O2 1. Responde,nt Nos.1 and 2 adrnit_ted about pa5ment of rents, arrears and requestecl thr: 1"t respondent to grant some time i.e., minimum (Ollt months. Even then, they have not paid the said rents.

3. Applicant has issued notice dated 0g.Og.2022 to the respondent N,rs.l and 2 with a request to pay r.he rent arrears and also to vacate the subject premises. pursuant to the said 1et1.er, respondent Nos. I and 2 have vacilted the subject prope:rty and handed over the same to the applicalt. 'lhe same is evident from letter dated 78.O9.2022 of respondent No. 1.

4. Vide legal notice dated 09.0g.2023, the appiicant requested the respondent No.1 to settle the disputes by way I ) l KL,J Arb.App.No.244 of 2024 3 of mediation in as per clamse No.11 of the said lease deed' Despite receiving and acknowledging the said legal notice, respondent Nos.l and, 2 did not act upon the same' Applicant has issued e-mails, requesting -respondents to pay the rent arrears etc. Thereafter by invoking arbitration clause of the lease deed, applicant has issued notice dated O5.O1.2O24 to the respondents. The sarne was sent to them through R.P.A.D' However, applicant has hled postal receipts, but not filed either acknowledgement cards or postal tracking report in proof of service of the same on the respondents. It is the specific contention of the applicant herein that he has sent the said notice by way of e-mail dated 08.01.2024. He has also frled statement of rental arrears due from respondents. Thus, according to the applicant there are disputes between applicant and respondents with regard to rental arrears pursuant to the said lease deed dated 01.11.20i9.

5. In the light of the same, it is relevant to extract clause 11 of the said lease deed dated O1'11'2O19: KI,J I'b\oNo.244of2024 4 '' 1 I . This Lease Agreement shall be governe<.. by and cc,nstrued in accordance with the Laq.s of Inlia. Any dispute under this Agreement which the parties are .o: able to settle amicably within Thirty (30) ctays from the date of arising of such dispute shall be re[erre(] to arbitration by a Sole Arbirrator in accordan,:e with the Arbitration and Conciliation Act 1996 at Hyderabad and the proceedings shall be conductrxl in trnglish and the Arbitration Awarcl shall be final zrnd binding on the parties. Subject to the above, if zrny appeals shall be the exclusive jurisdicr ion of the Courts in Hyderabad."

6. Invoking the said clause, applicant has iss;ued the aforesaid letters, e-mails to the respondents with a request to pay th,: rent arrears etc. Despite receivi ng and acknowledgingl the said e-mails, respondents did not act upon the sam(t. However, respondent No.1 has vacated the subject property and handed over the same to the applicant vide letter datcd 18.09.2022 on the same day itselI. Thus, there are disputes between the applicant and respondents with regard to arrears of rent pursuant to lease deed dated O1.11.2OL9. 'lherefore, this Court is of the view :hat the same are art:itrable in nature to be adjudicated by an a rbitra tor. I I i I(L,J tub.App.No.244 ot 2024 5 7 . It is also apt to note that this Court being referral Court in terms of Section 11 of the Arbitration and Conciliation Act, 1996 has to see existence of agreement and arbitration clause. In the present case agreement and arbitration clause exists

8. In the light of the aforesaid discussion, this application is allowed Sri B. Sathaiah, Retired District and Sessions Judge, R/o Flat No.202, NMSK Sadan, Road No'5, Sai Nagar, Nagole, Hyderabad is appointed as an arbitrator to adjudicate the disputes between the applicant and respondent Nos.1 and 2. g. Accordingly, this arbitration application is a-llowed' There shall be no order as to costs.

10. As a sequel, miscellaneous petitions, if any, pending in the arbitration application shall stald closed' //TRUE COPY// SD/. K. SRINIVA SA RAO JOINT REGISTRAR SECTION OFFICER To,

1. Sri B. Sathaiah, Retired District and Sessions Judge, Rl/o Flat No 202' NMSK, Sadan, Road No. 5, Sai Nagar, Nagole, HYderabad. (BY Messenger Post) (Along with a CoPY of affidavit and material Papers) 2. Mls. Ultimate Software Solution s Pvt. Ltd, Having its registered office at, Dutt lsland, Flat 5-H, 10-1-47 SiriP uram, VisakhaP atnam, Andhra Pradesh- [r4r. Rajasekhara ReddY Yarram, 530003 Represented bY, anil.s kiimsl@q mail.com ppa SocietY, Email Also At. SY No. 1 '1l14 to 11t18, Plot No BBl, SwamY AYYa Madhapur, Ranga Red dy, Telangana- 500081 I 3 Mr. Rajasekh;ara Reddy Yarram, Director, tt//s. Ultimate Softr,vare Solutions Pvt. Ltd. R/o )lct No. 356,4th Floor, Road No.8, Kakatiya Hills, Madhapur, Telangana - 500081 Email. [email protected] ryarram9@qnra il.com AIso at. Ploi No. 356, Sarojini Naidu Nagar, Guttala Eiegumpet Na, Hyderabad, 500081 Also at. H. No 2-5811/134, Siddi Vinayaka Nagar, Khanampet Hyderabad, Telangana 500082 Also at, Flat Nc.502, I\/CR Complex, Swamy Ayyappa Socii:ty, Madhapur Hyderabad 50008'1 AIso at. Plot Nc 305, Ayyappa Society, lt4adhapur Hyderabarl, Telangana - 500081 Telangana Telangana - -

4. Mr. Kandati A,nrl Kumar, Director, Ultimate Software Solutions, Pvt. Ltd. Plot No.356, Sarojini Naidu Nagar, Guttala Begumpet Na, Hyderabad, Telangana Email. - an il. skiim r;(iParmail.com Also At. Survey No.22511A,22511C, Rajupalem lrlain Road, Rajupalem Guntur, Andhra Pradesh - 522411 500081

5. Mr. Ravindra Valluri, Director, Ultimate Software Solutions Pv:. Ltd. H.No.8- 415, Plot No.73 Saptagiri Colony, IViyapur, Hyderabad, Telangana 500050

6. One CC to Sri Ekant Hiranandani, Advocate [OPUC] 7 . Two CD Copiers DL/gh Yt' HIGH COURT DATED:O210412025 ORDER ARBAPPL.No.244 of 2.024 -:=-= $E ST'{I 1 €' [2 l.iiY ?ll ( /+ i,tr t.) ,] Z Oii ,:'//' ./ + ALLOWING THE ARBITRATION APPLICATON q""f4 #.