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APHC010221722023 IN THE HIGH COURT OF ANDHRA PRADE AT AMARAVATI FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE ARBITRATION APPLICATION No.22 of 2023 Between: M/s.Resins and Allied Products, Rep. by its Authorized Signatory Vadde Chandra Sekhar, N0.176/2A, D.No.13-2, Krishna District. S/o. Venkata Ramanjaneyulu, Plot Nidamanuru-521104, Vijayawada Rural, ...Applicant AND
1. U Rajababu, Outstanding Scientist, Programme Director, Government of India, Ministry of Defence, Programme AD, PO Kanchanbagh, Hyderabad 500058.
2. M S R Prasad, (Ex-Director General) Advisor, Advanced Nova Systems Programme, Post Box No.1, Vignyanakancha PO, Hyderabad, Teiangana-500069.
3. Sri Rambabu, IFA, Director General Office, DRDO, Kanchanbagh, Hyderabad-500058.
4. Union of India, Ministry of Defence, DRDO Bhawan, Rajaji Marg, New Delhi 110 003. Represented by its Secretary.
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5. Defence Research and Development Organization, Government of Programme AD India, Ministry of Defence, Hyderabad-500058, Represented by its Director. PO Kanchanbagh,
6. Dr Samir V Kamat, Chairman DRDO, New Delhi-110011. DRDO Bhawan, Rajaji Marg (RR 4 to 6 are arrayed as per court order dated 10.11.2023 vide lA No.1 of 2023 in Arbitration Application No.22 of 2023) ...Respondents Application filed under Section 11 (5) & (6) of the Arbitration and Conciliation Act, 1996 read with Para (3)(i)(c) of Scheme for appointment of Arbitrators, 2006 for the aforesaid reasons stated in the accompanying affidavit the applicant therefore prays that this Hon’ble Court may be pleased to appoint arbitrator to resolve the dispute between the petitioner and the respondents. Counsel for the Petitioner : Sri B M Krishna Patibandia Counsel for the Respondents; Sri Pasala Ponna Rao, Deputy Solicitor General of India The Court made the following order:
APHC010221722023 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No;-2i AT AMARAVATI [3441] ARBITRATION APPLICATION NO: 22 of 2023 M/s.Resins And Allied Products ...Applicant Vs. U Rajababu and Others ...Respondent(s) ********** Advocate for Applicant; Advocate(s) for Respondent(s): Mr. B M Krishna Patibandia Mr. Pasala Ponna Rao, Deputy Solicitor General Of India
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR DATE : 4th July 2025 PC : This is an application filed under Section 11 of the Arbitration and Conciliation Act, 1996, for referring the disputes arising out of and in connection with the agreement, dated 18.02.2016. A preliminary objection has been raised by learned counsel for the respondents that this Court does not have any jurisdiction to entertain the present application in view of the fact that the seat of arbitration has been fixed at Hyderabad. Reference in this regard is made to clause 15 of the agreement, dated 18.02.2016.
r HCJ Arb_AppL22_2023 At this stage, learned counsel for the petitioner does not dispute the ' legal position as has already been held in the case of M/s WR Associates v. M/s Larsen & Tourbo Limited, Infrastructure ICV Be that as it may, the Arbitration Application is held to be not maintainable. Liberty is, however, granted to the applicant to approach the appropriate forum. The Arbitration Application is, accordingly, disposed of. Pending miscellaneous applications, if any, shall stand closed. No costs. ^ Passed in Arbitration Application No.11 of 2021, dated 02.08.2024.
Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To
1. U Rajababu, Outstanding Scientist, Programme Director, Government of India, Ministry of Defence, Programme AD, PO Kanchanbagh, Hyderabad 500058.
2. M S R Prasad, (Ex-Director General) Advisor, Advanced Nova Systems Programme, Post Box No.1, Vignyanakancha PO, Hyderabad, Telangana-500069.
3. Sri Rambabu, IFA, Director General Office, DRDO, Kanchanbagh Hyderabad-500058.
4. Union of India, Ministry of Defence, DRDO Bhawan, Rajaji Marg, New Delhi 110 003. Represented by its Secretary.
5. Defence Research and Development Organization, Government of India, Ministry of Defence, Programme AD, PO Kanchanbagh, Hyderabad-500058, Represented by its Director.
6. Dr Samir V Kamat, Chairman DRDO, DRDO Bhawan, Rajaji Marg, New Delhi-110011.
7. One CC to Sri B M Krishna Patibandia, Advocate [OPUC]
8. One CC to Sri Pasala Ponna Rao, Deputy Solicitor General of India [OPUC]
9. The Section Officer, O.S Section, High Court of Andhra Pradesh. Two CD Copies
10.
HIGH COURT DATED:04/07/2025
ORDER ARBAPPL No.22 of 2023 DISPOSING OF THE ARBITRATION APPLICATION