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2025 DAILYLAW 13557 (AP)

M/S SYNERGY CONSTRUCTIONS v. MS NAVAYUGA ENGINEERING COMPANY LTD

ARBAPPL/11/2025 · 2025-07-31

Dhiraj Singh Thakur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010163762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE ARBITRATION APPLICATION NO: 11 OF 2025 Between: M/S Synergy Constructions, Represented by its Managing Partner Sri.P.N.B.Rajesh, S/o.P.Venkata Krishna Rao, Aged R/o.H.No.3-139 Pasumarthivari Street, Pothavaram West Godavari District - 534 176 36 years. ...Applicant AND MS Navayuga Engineering Company Ltd, represented by its Director Mr.MD.Sirajuddin Plot No.379, Road No.10 Banjara Hills, Hyderabad- 500033 and its site office at Door No.03 and 04, Irrigation Quarters, Govt.Hospital Road, Polavaram, West Godavari District. ...Respondents Arbitration Application under Section 11(5) & (6) of Arbitration and Conciliation Act, 1196 praying 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, for Arbitrating the disputes and the Counter disputes arising out of an in relation to the dated.01.02.2019. Work Order No.NEC/AP/PVM/SYNERGY/18-19 .r ' Counsel fof^Jhe Applicant: Sri K B Ramanna Dora Counsel fdr the Respondent: Sri Ginjupalli Subba Rao The Qourt made the following order: APHC010163762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No:-27 [3441] Arbitration Application No: 11 of 2025 M/s. Synergy Constructions ...Applicant Vs. M/s. Navayuga Engineering Company Ltd ...Respondent ********** Advocate for Applicant: Advocate for Respondent; Mr. K. B. Ramanna Dora Mr. Ginjupalli Subba Rao CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR DATE : 1®‘August, 2025. P C : This is an application filed under Section 11 Conciliation Act, 1996, (for short, “the Act”) for referring out of and in connection with Work Order independent arbitrator. of the Arbitration and the disputes arising dated 01.02.2019, to an 2. Clause 16 of the Work Order inter alia envisages the resolution of disputes between the parties through the mechanism of arbitration, of reference. Clause 16 of the Work Order is reproduced hereunder: For facility 16) Dispute, if any, will first be resolved by mutual discussion no amicable settlement is arrived at, the dispute may be referred to competent court for Arbitration. The Arbitration governed by Indian Arbitration and Conciliation Act amendments).” Disputes having arisen between the parties. and if proceedings shall be 1996 (with latest 3. a notice, dated 04.07.2023, was served upon the respondent by the applicant, invoking the arbitration clause, which did not elicit any response. ' TO 2 HCJ ARBAPPL_11_2025 Learned counsel for the respondent, at the time of arguments, does not deny existence of either the arbitration clause in the Agreement or the fact that disputes have arisen, which need to be decided through the mechanism of arbitration and agrees to the appointment of an independent arbitrator. 4. 5. Be that as it may, this arbitration application is allowed. Mr. P. Venkata Ramana Rayalu, is appointed as an Arbitrator, who shall enter upon the reference and adjudicate upon the disputes arising out of and in connection with the Work Order, dated 01.02.2019, 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. P. Venkata Ramana Rayalu, Retired District Judge, Flat No.403, Laasya Residency-2, KAZA, Mangalagiri Municipal Corporation Guntur District - 522 508 Phone; 99481 54162. SD/- E. KAMESWARA RAO JOINT REGISTRAR .\ //TRUE COPY// SECTION OFFICER To, 1. Sri P.Venkata Ramana Rayalu, Retired District Judge, Flat No. 403, Laasya Residency-2, KAZA, Mangalagiri Muncipal Corporation, Guntur District -522 508, Phone:99481 54162 (along with a copy of Arbitration Application Affidavit and all material papers filed along with Arbitration Application) 2. The Registrar(Judicial), High Court of Andhra Pradesh at Amaravathi 3. One CC to Sri. K B Ramanna Dora Advocate [OPUC] 4. One CC to Sri. Ginjupalli Subba Rao Advocate [OPUC] 5. The Section Officer, OS Section, High Court of Andhra Pradesh at Amaravathi 6. Two CD Copies Stu AL HIGH COURT DAT-ED:0i/08/2025 \ I 2 8 AUG 2025 | Current Section ORDER ARBAPPL NO. 11 OF 2025 ALLOWING THE ARBITRATION APPLICATION