Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 12804 (AP)

Sri Mude Gopal Naik, v. M/s. Nithya Medical Stores,

ARBAPPL/15/2025 · 2025-07-17

Dhiraj Singh Thakur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010150972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI KB B FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE ARBITRATION APPLICATION NO: 15 OF 2025 Between; 1. Sri Mude Gopal Naik, S/o. late M. Peere Naik, Aged about 64 R/o. D. No 7-198, Molakavaripalle, Kurubalakota Mandal, Annamayya District. 2. Smt. Mude Muthyalamma, Sri Mude Gopal Naik, Aged about 59 R/o. D. No 7-198, Molakavaripalle, Kurubalakota Mandal, Annamayya District. years Angallu Post and Village years, Angallu Post and Village, ...APPLICANT AND M/s Nithya Medical Stores, Managing Partner Maidukur Prabhakar, Maidukur Venkatramana, R/o. D. No 20-3-5/4,B, Siva Jyoti Nagar, Tirupati Town. S/o. ...RESPONDENT Arbitration Application under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996 read with Para 3 (3) (i) (c) of the Scheme appointment of Arbitrators 1996 as framed by the High Court of Andhra Pradesh praying that the High Court may be pleased to appoint arbitrator for one person by name Sri Y. Bhaskar Reddy, Senior Advocate, Madanapalli, Tirupathi or any other arbitrator as deemed fit by this Hon'ble Court to adjudicate the disputes and the proceedings shall be conducted as per provisions of Arbitration and Conciliation Act, 1996 for Arbitrating the disputes in relation to the Registered Lease deed vide Doc. No. 13263/2022 dated 08-12-2022. Counsel for the Applicant : SRI HARINATH REDDY SOMA Counsel for the Respondent: - The Court made the following ORDER : Bench Sr.No;-32 [3441] APHC010150972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Arbitration Application No: 15 of 2025 ...Applicants Sri Mude Gopal Naik and others Vs. ...Respondent M/s. Nithya Medical Stores ********** Mr. Harinath Reddy Soma None Advocate for Applicant: Advocate for Respondent; CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR : 18*'’July, 2025. DATE P C : This is an application filed under Section 11 of the Arbitration and Conciliation Act, 1996, (for short, “the Act”) for referring the disputes arising out of and in connection with the Lease Agreement, dated 08.12.2022, entered into between the parties, to an independent arbitrator. Despite service of notice on the respondents, none caused appearance. 2. As per Clause 10 of the said Agreement, any disputes arising out of the said Agreement must be resolved through the mechanism of Arbitration. 3. It is stated that a notice, dated 19.02.2025, was served upon the 4. respondent by the applicant, invoking the arbitration clause, which did not elicit any response from the respondent. 2 Hq ARBAPPL_15_2025 5. Disputes having arisen between the parties, which need to be decided through the mechanism of arbitration, this application is allowed. Mr. K. Gurrapa Naidu, retired District Judge, is appointed as an Arbitrator, who shall enter upon the reference and adjudicate upon the disputes arising out of and in connection with the Lease Agreement, dated 08.12.2022, 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 also be entitled to claim the fee in accordance with Schedule IV of the Act. No order as to costs. Pending miscellaneous applications, if any, in this application shall stand closed. A copy of this order be communicated to the learned Arbitrator on the address mentioned herein below: Mr. K. Gurrappa Naidu, retired District Judge, Door N0.II8-J, Prakasam Road, Tirupati, Chittoor District - 517 501. Mobile Number: 98497 51822 SD/- E.KAMESWARA RAO JOINT REGISTER //TRUE COPY// SECTION OFFICER To, 1. Sri K.Gurrappa Naidu, retired District Judge, Door N0.II8-J, Prakasam Road, Tirupati, Chittoor District-517 501, Mobile Number: 9849751822 (along with a copy of Arbitration Application Affidavit and all material papers filed along with Arbitration Application) (By speed post) 2. The Registrar(Judicial), High Court of Andhra Pradesh at Amaravathi 3. M/s Nithya Medical Stores, Managing Partner Maidukur Prabhakar, S/o. Maidukur Venkatramana, R/o. D. No 20-3-5/4,6, Siva Jyoti Nagar, Tirupati Town. 4. One CC to Sri. Harinath Reddy Soma Advocate [OPUC] 5. The Section Officer, OS Section, High Court of Andhra Pradesh at Amaravathi 6. Two CD Copies stu TAC HIGH COURT DATED:18/07/2025 ORDER ARBAPPL NO. 15 OF 2025 ALLOWING THE ARBITRATION APPLICATION