IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE ARBITRATION APPLICATION NO: 20 OF 2023 Between: Gunti Nageswara Rao, S/o Sadasivaiah, R/o 5-269/2 OR Colony Main Road, MV Narayanapuram, Chilakaluripet, Palnadu District. ...APPLICANT AND 1. Kalpataruvu Aqua Ponds, Chilakaluripet, Rep. by its Mg. Partner Lanka Raghurami Reddy, D.No. 9-473/2 CR Colony 2nd Lane, Chilakaluripet, Palnadu Distirct. 2. Lanka Raghu Rami Reddy, S/o L. Lakshma Reddy, Managing Partner R/O 9-473/2, CR Colony 2nd lane, Chilakaluripet, Palnadu Distirct. Pattan Jaffar Khan, S/o Khasimm Khan, Managing Partner, R/O 13- 52,Gurrala Chavadi, Chilakaluripet, Palnadu Distirct. Sankati Srinivasa Reddy, S/o S. Pedda Venkata Reddy, Kalpataruvu Chits, R/O D.No.6-9-24, 3rd floor, Kalpataruvu House building 9/2, Arundelpet, Guntur, Andhra pradesh. Sankati Siva Parvathi, W/0 Sankati Subba Reddy, Managing Partner, R/O 9-473/3,CR Colony 2nd lane, Chilakaluripet, Palnadu Distirct. 3. 4, 5. 6. Pambi Prasada Reddy, S/o Raghava Reddy R/0 15-13-120/15 Nandivelugu Road, Guntur. 7. Pambi Prameela, W/0 Sadananda Reddy R/0 D.No. 2-114 Komminenivari Palem, Parchuru Mandal, Bapatia District. 8. Muvvala Venkateswarlu, S/o Anjaneyulu, R/0 D.No. 20-25, Parchuru Village and Mandal, Bapatia District. 9. Muvvala Subrahmanyam, S/O Anjaneyulu R/0 D.No. 4-2-1, Parchuru Village and Mandal, Bapatia District. 10. Muvvala Sampurnamma, W/0 narasimharao R/0 D.No. 2-96, Upputuru, Parchuru Mandal, Bapatia District. 11. Pambi Veerareddy, S/o Ragahavareddy R/0 F-8, Vysya Bank Apartments, Asari Lingaiah Street, Mogalrajapuram, Vijayawada. 12. Pambi Sadananda Reddy, S/O Raghava Reddy R/0 D.No. 2-114 Komarnenivari Palem, Parchuru Mandal, Bapatia ...RESPONDENTS Arbitration Application under Section 11 (5) of Arbitration and Conciliation Act, 1996 read with Para (3) (i) (c) of Scheme for Appointment of Arbitrators 2006 as framed by the High Court, Amaravati praying that the High Court may be pleased to appoint an arbitrator for settlement of disputes between applicant on one hand and respondents on the other hand in respect of Kalpataravu Aqua Ponds, Chilakaluripet. Counsel for the Petitioner : DR SASTRY JANDHYALA Counsel for the Respondent Nos. 3, 4, 12 : SRI GHANTA SRIDHAR The Court made the following ORDER : 4 r Bench Sr.No:-7 [3441] APHC010133562023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ARBITRATION APPLICATION NO: 20 of 2023 ...Applicant Gunti Nageswara Rao Vs. ...Respondents Kalpataruvu Aqua Ponds and others ********** Dr. Sastry Jandhyala Advocate for Applicant Advocate for Respondents Mr. P. Prabhakar for Mr. Ghanta Sridhar CORAM ;THE CHIEF JUSTICE DHIRAJ SINGH THAKUR DATE : 10th January 2025 P C ; The present Arbitration Application has been filed under Section 11 (5) of the Arbitration and Conciliation Act, 1996, for appointment of an Arbitrator to adjudicate upon the disputes arising out of and in connection with the Partnership Deed, dated 31.03.2018. The disputes are stated to have arisen between the partners 2. which are sought to be resolved througn the mechanism of arbitration as was envisaged in terms of clause 16 of the Partnership Deed, which reads as under; Any dispute arising among the partners touching these represents shall be referred to an arbitration and the decision of the arbitrator or arbitrators shall he binding on all the partners. ” 16. 2 HG A.A.No,20of 2023 3. It is stated that a notice, dated 24.10.2022, was served upon the respondents invoking the arbitration clause and proposed the name of Mr. A. Radha Krishna, Retired District Judge, to settle the disputes and differences between the parties which, however, was not agreed to by the respondents who, in turn, suggested the name of Mr. Gabbiti Sivarama Krishna Prasad as an Arbitrator, which too was not acceptable to the applicant. Having failed to arrive at a consensus in regard to the choice of 4. the arbitrator, the present application has been filed seeking the appointment of an Arbitrator to resolve the disputes. 5. Learned counsel for the respondents does not dispute the existence of the arbitration clause in the agreement and only seeks that their rights be reserved to raise all possible objections to the claims / counter claims before the learned Arbitrator. 6. Be that as it may, the present application is allowed. Justice G. Shyam Prasad, former Judge of the High Court of Andhra Pradesh, is appointed as an Arbitrator, who shall enter upon the reference and adjudicate upon the disputes arising out of and in connection with the Partnership Deed dated 31.03.2018, and render the Award within the statutory period. The question of arbitrability of the claims is left open to be decided by the learned Arbitrator. The parties shall be free to file detailed claims and counter-claims. before the learned Arbitrator. The learned Arbitrator shall also be entitled to 3 HO A.A.No.20 of 2023 claim the fee in consultation with the parties, keeping in view the provisions of the Fourth Schedule of the Arbitration and Conciliation Act, 1996. No costs. Pending miscellaneous applications, if any, shall stand closed. A copy of this order be communicated to the learned Arbitrator on the address mentioned herein below: Justice Q. Shyam Prasad, TEAK, Flat No.604, Raintree Apartments, Nambur, Guntur, Andhra Pradesh. Ph# 8331044099 SD/- E.KAMESWARA RAO JOINT REGISTRAR // ^ ' SECTION OFFICER //TRUE COPY// To, Sri Justice G. Shyam Prasad, TEAK, Flat No.604, Raintree Apartments, Nambur, Guntur, Andhra Pradesh, Ph# 8331044099(along with a copy of Arbitration Application Affidavit and all material papers filed along with Arbitration Application) 1. The Registrar (Judicial), Fligh Court of Andhra Pradesh at Amaravathi 2. Kalpataruvu Aqua Ponds, Chilakaluripet, Rep. by its Mg. Partner Lanka Raghurami Reddy, D.No. 9-473/2 CR Colony 2nd Lane, Chilakaluripet, Palnadu Distirct. 3. Lanka Raghu Rami Reddy, S/o L. Lakshma Reddy, Managing Partner, R/O 9-473/2, CR Colony 2nd lane, Chilakaluripet, Palnadu Distirct. 4. 5. Pattan Jaffar Khan, S/o Khasimm Khan, Managing Partner, R/O 13- 52,Gurrala Chavadi, Chilakaluripet, Palnadu Distirct. Sankati Srinivasa Reddy, S/o S. Pedda Venkata Reddy, Kalpataruvu Chits, R/O D.No.6-9-24, 3rd floor, Kalpataruvu House building 9/2, Arundelpet, Guntur, Andhra pradesh. 6. 7. Sankati Siva Parvathi, W/O Sankati Subba Reddy, Managing Partner, R/O 9-473/3,CR Colony 2nd lane, Chilakaluripet, Palnadu Distirct. 8. Pambi Prasada Reddy, S/o Raghava Reddy R/O 15-13-120/15 Nandivelugu Road, Guntur. 9. Pambi Prameela, W/O Sadananda Reddy R/O D.No. 2-114, Komminenivari Palem, Parchuru Mandal, Bapatia District. 10. Muvvala Venkaeswarlu, S/o Anjaneyulu, R/O D.No. 20-25, Parchuru Village and Mandal, Bapatia District. 11. Muvvala Subrahmanyam, S/O Anjaneyulu R/O D.No. 4-2-1, Parchuru Village and Mandal, Bapatia District. 12. Muvvala Sampurnamma, W/O narasimharao R/O D.No. 2-96, Upputuru, Parchuru Mandal, Bapatia District. 13. Pambi Veerareddy, S/o Ragahavareddy R/O F-8, Vysya Bank Apartments, Asari Lingaiah Street, Mogalrajapuram, Vijayawada. 14. Pambi Sadananda Reddy, S/O Raghava Reddy R/O D.No. 2-114, Komarnenivari Palem, Parchuru Mandal, Bapatia 15. One CC to Dr Sastry Jandhyala Advocate [OPUC] 16. One CC to Sri. Ghanta Sridhar Advocate [OPUC] 17. The Section Officer, OS Section, High Court of Andhra Pradesh Amaravathi at 18. THREE CD COPIES stu TAC HIGH COURT ■ DATED:10/01/2025 ORDER ARBAPPL.No.20 of 2023 ALLOWING THE ARBITRATION APPLICATION