The High Court · 2025

1. M/s. Sahiti Constructions, Principal Place of Business at Plot No. 1222, #8-2- 2931821N12221F4, Fourth Floor, Road No.36, Jubilee Hills, Hyderabad- 500033, Rep.by its Partner Smt. B. Parvathi Wo. Sri. B. Lakshmi Narayana, Hyderabad-500081 .

2. Mls. Shalimar Super Retail Private Limited, Office at 15-1-503/4/9, Ashok Market, Siddiamber Bazar, Hyderabad, Rep. by its Direct{ Sri. Kamal Kumar Jain, S/o. Late Vijay Kumar Jain, Aged about.49 years, Occ. Business, R/o. 8-2-2931821N688, RoadNo.33, JubileeHills, Hyderabad. ...RESPONDENTS Arbitration Application filed under Section 1 1(5) of the Arbitration and Conciliation Act of 1996, praying that this Hon'ble Court may be pleased to allow the present application and appoint a sole Arbitrator as this Court may deem fit as per the Provisions of Arbitration and Conciliation Act,1996, to adjudicate and decide dispute as per clause 7 of Memorandum of understanding Dt. 29.04.2022 between the parties. Counsel for the Petitioner: Sri Ashok Kumar Agarwal Counsel for the Respondents: None Appeared The Court made the following: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Arbitratio nApplication No.294 of 2o24 ORDER: This Application is filed under Section I I (5) of the Arbitration and Conciliation Act, 1996 to appoint a Sole Arbitrator for the purpose of adjudication of disputes that have arisen betu,een the applicant and respondents in respect of Memorandum of unclerstanding dated 29.O4.2022. f and 3OC/24C,

2. Facts gii,ing rise to file this application are that. the applicant agreed to purchase a semi-finished flat bearing No.505 in the 5,r. floor of ,,Sahiti,s Kruthi Blossoms, with built up area of 24lO Square leet, rvith an undivided share of land to an extent of 57 square yards u,ith common areas along with 2 car parklng, srtuated at plot No.22_C and 23_C, 3OB/ll4 at Sy.Nos.78, g0 to g4 of partika Nagar, Sherilingampally Mandal, Ranga Reddy The applicant had paid an amount of Rs. 1,45,00,000/ (Rupees One Crore Forty Five lakh only) and the respondent No.1 has l-randed over all the orrginal title deeds to the applicant. On 29.04.2022, Lhe applicant and respondent No_ I have entered into an Memorandum of Understanding, u.herein the respondent No.l undertook to District, Telangana Madhapur Village, 1 handover the subject property to the applicant within 36 months, with a grace perioC of 6 months. however, the same was not handed over and respondenl. llo.1 had sold .the subject property to respondent No.2 and the sarne was registered uide document No.B866 r:f 2022 dated 24.O5.2022

3. Learned counsel for the applicant hels drawn attention of this Court to the clause '7' of the Memorandum of Understanding dated 29.0.1.2022, for refcrence the samc is extracted hereunder:- "ln case of any dispute aise between the parties, haue to settle amicable in the euent of ang failure tol, settle the dispute of difference shall be referred to the arbitrator and. the orbitration proceedings utill be conducted according to the prouision of the Inciian Arbitrotion artd Conciliation Act 1996. The arbitration award uill be bindin.g upon tte both the parties and final. The- place of the arbitration u.till be at Ilgderabad at'Ld proceedings tttill be in En gLish."

4. Learned counsel for the applicant submits that the applicant, under Section 9 of Arbitration and Conciliation Act, had filed O.P.No.113 of 2023, seeking tempora-ry injunction against the respondents from alienating the subject property and the same is still pending before the IX Addl.Chief Judge, City Civil Court, Hyderabad.

5. Learned counsel for the applicant further submits that in view of the disputes between the parties, the applicant as per j clause '7' of the MOU dated 29.O4-2O22, issued notice dated

12.O8.2024, and the same was served on respondent No'1 and notice to respondent No.2 was returned as 1-rnclaimed'' It is further submitted that inspite of receiving notice, respondent No.1 did not reply to the legal notice dated 12'08'2024, for invocation of arbitration and for appointment of sole arbitrator. Hence, the applicant fited the present application'

6. This Court on 29.11.2024' issued notice to the respondents and permitted the applicant to take out peisonal notice on respondents. Learned counsel for applicant filed memo dated 03.01.2025, stating that notice to re(pondents is served.

7. Heard learned counsel for the applicant and none appeared for respondents. I I B. Admittedly, the applicant as per clause '7'of the MOU dated 29.O4.2O22, issued notice and respondents did not reply to the same and as per the said clause, the parties, in case of an disputes agreed to refer the disputes to Arbitrator for settlement ald the same is binding on the parties.

9. Recording the above submissions, this Arbitration Application is disposed ol and Sri Justice G.V.Seethapathy, a 4 former Judge of this Courr (resident of H.No.5-8-3O/24, Govardhanpuri Gardens, Yapral, Sec'bad-S7; Mobile No. 9989968686), is appointed as an Arbitrator to adjudicate the disputes between the parties, The parties shall appear before the Arbitrator, along wittr a copy of this order. It is open to the parties to raise zrll their contentions before the Arbitrator, and thereafter, the sole arbitrator shall proceed with the arbitral proceedings in accordance u,ith law. 1O. Accordingly, the Arbitration Application is disposed of. 1 1 . OIfice to communicatc a copy of this order to the learned Arbitrator Miscellaneous petitions, pending if any, stancl closed. //TRUE COPY// Sd/. M..VIJAYA BHASKER INT REGISTRAR SECTION OFFICER To,

1. Sri Justice G.V.Seethapathy, Former Judge, High Court for the State of Telangana, R/o H.No. 5-8-30/34, Govardhanpuri Gardens, Yapral, Sec'bad- 87; Mobile No. 9989968686. (By Special Messenger) (Along with a Copy of affidavit and material papers)

2. M/s. Sahiti Constructions, Principal Place of Business at Plot No. 1222,8-2- 2g3tB2tN1222tF4, Fourth Floor, Road No.36, Jubilee 'Hills, Hyderabad- 500033, Rep.by its Partner Smt. B Parvathi Wo. Sri. B. Lakshmi Narayana, Hyderabad-500081 .

3. M/s. Shalimar Super Retail Private Limited,, Office at 15-1-503/4/9, Ashok Market, Siddiamber Bazar, Hyderabad, Rep. by its Director Sri. Kamal Kumar ' Jain, S/o. Late Vijay Kumar Jain, Aged about.49 years, Occ. Business, R/o- 8-2-2931 821 N688, Road No. 33, J ubileeHills, Hyderabad. 4. One CC to Sri Ashok Kumar Aganrval, Advocate [OPUC] 5. Two CD Copies e VH/gh I I iaE s14re' oA. a.<. ') o 11 l|lAsM a * rf! D I HIGH COURT DATED: 2110212025 ORDER ARBAPPL.No.294 of 2024 DISPOSING OF THE ARBITRATION APPEAL t0