APHC010150952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE ARBITRATION APPLICATION NO: 13 OF 2025 Between: M/s. GR Constructions, Represented by its proprietor, Sri Katta Gangadhara Rao, S/o. Late Maha Laxmaiah, Aged 67 years, R/o. Plot No.30 Pandurangapuram, Visakhapatnam -3 Off 104 MIG ll/A, Opp Coromandel Gate Visakhapatnam - 530011 ...Petitioner AND 1. Hindustan Petroleum Corporation Limited, Visakh Refinery, Post Box No.15, Visakhapatnam- 530 011 Andhra Pradesh Represented by its Chairman and Managing Director. 2. The Deputy General Manager Project Materials, Hindustan Petroleum Corporation Limited Visakh Refinery, Post Box No 15 Visakhapatnam - 530 011, Andhra Pradesh ...Respondent Arbitration Application under Section 5 & 6 of Section-11 of the Arbitration and Conciliation Act, 1996 read with Para 3 (3) (i) (c) of Scheme for appointment of Arbitrators, 1996 as framed by High Court of Andhra Pradesh paying that the High Court may be pleased to appoint either the nominee arbitrator of the Respondent so that the said nominee arbitrator along with applicant nominee will appoint the Presiding Arbitrator for constitution of Arbitration Tribunal or applying the Hon'ble Court's sole discretion to constitute the Arbitration Tribunal comprising of a sole Arbitrator, in the place of Sri Thota Bhaskara Rao - Retd District Judge, earlier appointed by this Hon'ble Court by order dated.05.07.2022 in Arbitration Application No.43 of 2021 who expressed his inability to proceed with and withdrawn from the Office as Arbitrator for Arbitrating the disputes and the Counter disputes arising out of an in relation to the contract building works for HPCL at Visakha Refinery as per LOA PR 15000029-HP-10128/KSD/JS-GR-A dated. 05.07.2016 and PO No. 16000169 -OW-46009/Cht dated.10.08.2016 Counsel for the Petitioner: SRI K B RAMANNA DORA Counsel for Respondent No.1: SRI SREEKANTH REDDY AMBATI The Court made the following: % APHC010150952025 Bench Sr.No:-Q3 [3441] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ARBITRATION APPLICATION NO: 13 of 2025 M/s. GR Constructions ...Applicant Vs. Hindustan Petroleum Corporation Limited Visakh Refinery and another ...Respondents ********** Advocate for Applicant Advocate for Respondents Mr. K. B. Ramanna Dora Mr. Sreekanth Reddy Ambati CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR DATE PC: By virtue of order, dated 05.07.2022, a coordinate Bench of this Court had appointed Sri Thota Bhaskar Rao, retired District Judge, as an arbitrator for adjudicating upon the disputes, which had arisen between the parties. However, the arbitrator so appointed is stated to have expressed his inability to act as such an arbitrator and hence the present application has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996. It can be seen from the record that the learned Arbitrator so 2. appointed by this Court earlier had indeed expressed his inability on account of reasons, which are reflected in detail in the communication, which is on record. % 2 HCJ A.A.No.13 of 2025 Be that as it may, considering the aforementioned facts, the present Arbitration Application is allowed. Justice T. Sunil Chowdary, former Judge of the High Court of Andhra Pradesh, is appointed as an arbitrator, who 3. shall enter upon the reference and render the Award within the statutory period. The parties shall be free to file detailed claims and counter-claims. before the learned Arbitrator. The learned Arbitrator shall be entitled to claim the fee in consultation with the parties. 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 T. Sunil Chowdary, Flat No.401, Amaravathi Pride Apartments, Seed Access Road, near Thallayapalem Village Thullur Mandal, Guntur District - 522503, Ph: 9440405731. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, Sri Justice T.Sunil Chowdary, former Judge of the High Court of Andhra Pradesh, R/o Flat No.401, Amaravathi Pride Apartments, Seed Access Road, near Thallayapalem Village, Thullur Mandal, Guntur District- 522503, Ph: 9440405731 (along with a copy of Arbitration Application Affidavit and all material papers filed along with Arbitration Application) (by Speed Post) The Registrar(Judicial), High Court of Andhra Pradesh at Amaravathi. 1. 2. % 3. Hindustan Petroleum Corporation Limited, Visakh Refinery, Post Box No 15 Visakhapatnam-530 Oil, Andhra Pradesh Represented by its Chairman and Managing Director. 4. The Deputy General Manager Project Materials, Hindustan Petroleum Corporation Limited Visakh Refinery, Post Box No.15, Visakhapatnam- 530 011, Andhra Pradesh 5. One CC to Sri. K B Ramanna Dora, Advocate [OPUC] 6. One CC to Sri. Sreekanth Reddy Ambati, Advocate [OPUC] 7. The Section Officer, OS Section, High Court of Andhra Pradesh at Amaravathi 8. Three CD Copies Stu sree it HIGH COURT DATED:27/06/2025 ORDER ARBAPPL No.13/2025 ALLOWING THE ARBITRATION APPLICATION