APHC010205832017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ■ W s o oc ■\ 3 FRIDAY, THE TWENTY SEVENTH DAY OF . TWO THOUSAND AND TWENTY FIVE ‘O PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE ARBITRATION APPLICATION No.58 of 2017 Between: 1. Pragathi Enclave represented by K.Harinath, S/o K.Prasad years, Occ:Business, R/o.Railway Quarters, Hindupuram, Anantapuram District. aged 38 2. K.Harinath, S/o K Prasad, aged 38 years, Occ; Business Quarters, Hindupuram, Anantapuram District. R/o Railway ...Applicant AND 1. K A Gangavathi, W/o K.Anjinappa, Aged Major, Occ; House-wife, R/o.6- 6-16, Railway Station Road, Hindupuram, Anantapuram District. 2. B Pushpaleela, W/o late B. Shivaprakash Goud, aged about 58 Occ: House-wife, R/o.D.No.128. SBI Colony, Kavadiguda, Hyderabad 3. B Chandramouli, S/o late B. Shiva Prakash Goud occupation business, R/o.D.No.128. Hyderabad. years. aged about 35 years, SBI Colony, Kavadiguda, 4. B Srinath, S/o late B. Shivaprarakash Goud, Aged 30 business, R/o.D.No.128. SBI Colony, Kavadiguda, Hyderabad. years, occupation ...Respondents Application filed under Section 11 (5) & (6) of the Arbitration and Conciliation Act, 1996 for the aforesaid reasons stated in the accompanying affidavit the applicant therefore prays that this Hon’ble Court may be pleased to appoint a sole arbitrator for adjudication of the disputes between the petitioner and respondents arising out of and in connection with the agreement of sale dated 14.4.2004 between the parties. Counsel for the Petitioners Counsel for Respondent No.1 : Sri Prabhakar Peri : Smt Patanjali Pamidighantam Counsel for Respondent Nos.2 to 4: None Appeared The Court made the following order: APHC010205832017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No:-44 [3441] •I Arbitration Application No: 58 of 2017 Pragathi Enclave, represented by K. Harinath and another ...Applicants Vs. K. A. Gangavathi and others ...Respondents Advocate for Applicants: Advocate for Respondents: Mr. Prabhakar Peri Mr. Patanjali Pamidighantam CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR : 27*'’ June, 2025. DATE PC : This is an application filed under Section 11 of the Arbitration and Conciliation Act, 1996, seeking reference of the disputes arising out of and in connection with an Agreement to Sell, dated 14.04.2004. 2. According to Clause 8 of the said Agreement, disputes, if any, were envisaged to be resolved through the mechanism of arbitration. Disputes having arisen between the parties, the applicants invoked the arbitration clause, vide notice dated 27.01.2016 and since there 3. was no response elicited from the respondents, the present application was filed in 2017. 2 HCJ ARBAPPL 58 2017 Learned counsel for the respondents have taken a stand that no 4. i reference can be made at this belated stage as the claim of the applicants was time barred. 5. On the issue of limitation, it is no longer res Integra that an application filed under Section 11(6) would be covered under Article 137 of the Limitation Act, 1963, which prescribes limitation period as three years from the date when the right to apply accrues. The limitation period for filing an application seeking appointment of an arbitrator has been held to commence only after a valid notice had been issued by one of the parties to other party and there had been either a failure or refusal on the part of other party to comply with the requirements of the said notice. [Arif Azim Company Limited vs. Aptech Limited]^ 6. In the instant case, the notice invoking the arbitration clause was served upon the respondents in the year 2016 whereas the present application was filed in the year 2017 and therefore, the same cannot be said to be barred by limitation. However, the issue as to whether any of the claims made by the applicants are time barred claims can be gone into by the arbitrator, as has been held in the case of Aslam Ismail Khan Deshmukh vs. ASAP Fluids Pvt. Ltd. and another^. 7. Be that as it may, the arbitration application is allowed. Justice T. Sunil Chowdary, is appointed as an arbitrator, who shall enter upon ’^(2024] 5 see 313 " (2025) 1 see 502 3 HCJ ARBAPPL 58 2017 the reference and adjudicate upon the disputes arising out of and in connection with the Agreement to Sell dated 14.04.2004 and render the Award within the statutory period. The parties shall be free to file detailed claims and counter-daims, before the learned Arbitrator. The learned Arbitrator shall also be entitled to claim the fee in consultation with the parties. 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 Thulluru Mandal, Guntur District - 522 503. Ph;-#94404 05731 Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. 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, Thulluru Mandal, Guntur District- 522503, Mobile No. 9440405731. (along with a copy of Arbitration Application Affidavit and all material papers filed along with Arbitration Application) (BY RPAD) The Registrar (Judicial), High Court of Andhra Pradesh, Amaravathi. One CC to Sri Prabhakar Peri, Advocate [OPUC] One CC to Sri Patanjali Pamidighantam, Advocate [OPUC] 2. 3. 4. 5. K A Gangavathi, W/o K.Anjinappa, Aged Major, Occ: House-wife, R/o.6- 6-16, Railway Station Road, Hindupuram, Anantapuram District. 6. B Pushpaleela, W/o late B. Shivaprakash Goud, aged about 58 years, Occ; House-wife, R/o.D.No.128. SBI Colony, Kavadiguda, Hyderabad. 7. B Chandramouli, S/o late B. Shiva Prakash Goud, aged about 35 years, occupation business, R/o.D.No.128. SBI Colony, Kavadiguda, Hyderabad. 8. B Srinath, S/o late B. Shivaprarakash Goud, Aged 30 years, occupation business, R/o.D.No.128. SBI Colony, Kavadiguda, Hyderabad. 9. The Section Officer, OS Section, High Court of Andhra Pradesh at Amaravathi. 10.Two CD Copies TK vna HIGH COURT DATED:27/06/2025 ORDER 5 18 JUL 2025 Current Secnen rrij ARBAPPL No.58 of 2017 ALLOWING THE ARBITRATION APPLICATION