IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI f FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE ARBITRATION APPLICATION No.21 of 2021 Between: 1. Manepalli Subbalakshmi, W/o.late Satyanarayana, aged 62 years, R/o. Lakelapalem, Parawada Mandal, Visakhapatnam District. 2. Padmanabhuni Nagamani, W/o.Rama Krishna, D/o.late Manepalli Satyanarayana, aged 55 years, R/o.Parawada, Parawada Mandal, Visakhapatnam District. 3. Manepalli Venkata Subrahmanyam, S/o.late Satyanarayana, aged 52 years, R/o.Lankelapalem, Parawada Mandal, Visakhapatnam District. 4. Manepalli Venkateswara Rao, S/o.late Satyanarayana, aged 50 years R/o.Lankelapalem, Parawada Mandal, Visakhapatnam District. 5. Kallepalli Dhana Lakshmi, W/o.Somesh, D/o.iate Manepalli Satyanarayana, Aged 45 years, R/o.Vikas Nagar, Gajuwaka, Visakhapatnam District. 6. Manepalli Sathi Babu, S/o.late Satyanarayana, aged 30 years R/o.Lankelapalem, Parawada Mandal, Visakhapatnam District. 7. Manepalli Sailaja, W/o.late Nageswara Rao, aged 38 years, R/o.Lankelapalem, Parawada Mandal, Visakhapatnam District. 8. Manepalli Srujana, D/o.late Nageswara Rao, aged 15 years, R/o.Lankelapalem, Parawada Mandal, Visakhapatnam District. ^ 9. Manepalli Rahul, D/o.late Nageswara Rao, aged 10 years R/o.Lankelapalem, Parawada Mandal, Visakhapatnam District. ■j.f ...Applicants ' - (Applicants 8 & 9 being minors represented by their guardian and natural mother Manepalli Sailaja Applicant No.7) AND 1. Mantri Sobha, D/o.late P.Raja Rammohan Roy, aged 52 years, R/o.10- 5-7, Opp Indira Vidya Niketan, Ramnagar, Visakhapatnam. 2. Debeeru Prathibha, D/o.late P.Raja Rammohan Roy, aged 50 years, R/o. 10-5-7, Opp Indira Vidya Niketan, Ramnagar, Visakhapatnam. 3. Pakki Ashok, S/o.late P.Raja Rammohan Roy, R/o.10-5-7, Opp Indira Vidya Niketan, Ramnagar, Visakhapatnam. 4. Pakki Geeta, D/o.late P.Raja Rammohan Roy, R/o. 10-5-7, Opp Indira Vidya Niketan, Ramnagar, Visakhapatnam. 5. Pakki Kishore, S/o.late P.Raja Rammohan Roy, R/o. 10-5-7, Opp Indira Vidya Niketan, Ramnagar, Visakhapatnam. 6. Pakki Suneetha, D/o.late P.Raja Rammohan Roy, R/o. 10-5-7, Opp Indira Vidya Niketan, Ramnagar, Visakhapatnam. 7. Dabbiru Srinivasa Rao, S/o.late Paddaiah, aged 70 years, R/o.Sivalayam line, Kota Veedhi, Yellamanchili, Visakhapatnam District. 8. Dabbiru Lakshminarayana, S/o.late Paddaiah, aged 67 years, R/o. 10-5- 9, Ramnagar, Visakhapatnam. ...Respondents Application under Section 11 (5) & (6) of the Arbitration and Conciliation Act, 1996 for appointment of a Sole Arbitrator for settlement of disputes between the Applicants and the Respondents. : Mr.Bolla Venkata Rama Rao, representing Counsel for the Petitioners on behalf of Ms. V Dhana Lakshmi Counsel for the Respondents: None Appeared The Court made the following: APHC010267072021 Bench Sr.No:- [3441] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ARBITRATION APPLICATION NO: 21 of 2021 Manepalli Subbalakshmi and others ...Applicants Vs. Mantri Sobha and others ...Respondents ********** Advocate for Applicants; Mr. BollaVenkata Rama Rao appearing vice Ms. V.Dhana Lakshmi Advocate for Respondents: None CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR 1/. "b • 1 sT DATE PC : This is an application filed under Section 11 (5) and Section 11(6) of the Arbitration and Conciliation Act, 1996, (for short, “the Act of 1996”) seeking appointment of an arbitrator to adjudicate upon the disputes arising out of and in connection with MoU-cum-Agreement to Sell, dated 06.02.2002. 2. According to Clause 9 of the said MoU/Agreement to Sell, in the event of a dispute between the parties, the same is envisaged to be resolved through the mechanism of arbitration as under: “9. In case any dispute or difference shall arise between the parties during the pendency of this agreement or after its termination or earlier determination as to its meaning and construction or to any other matter or thing arising directly or indirectly under this agreement then and in such an event the same shall be referred to 2 HCJ ARBAPPL 21 2021 arbitration and the final decision of a single arbitrator to be mutually agreed between the parties who alone shall consider and determine the same and whose decision or award shall be binding and conclusive upon both the said parties, and this clause shall be deemed to a submission with the meaning of Arbitration Act or statutory modification re-enactment thereof ” 3. It is stated that a notice, dated 07.04.2021, was served upon the respondents, invoking the arbitration clause and requesting to agree on the appointment of the sole arbitrator, which did not elicit any response from the respondents, hence the present application. 4. Since disputes appear to have arisen between the parties, arising out of and in connection with the Sale Agreement-cum-MoU, dated 06.02.2002, the same are required to be referred for adjudication to a sole arbitrator. Considering the view expressed by the Apex Court in Aslam Ismail Khan Deshmukh v. ASAP Fluids Pvt. Ltd. and another^ in the light of the provisions of Section 11 (6) (A) of the Act of 1996, which envisages that the referral Court should confine itself to the examination of the existence of an arbitration agreement, and considering the fact that disputes have arisen between the parties, arising out of and in connection with Sale Agreement- cum-MoU dated 06.02.2002, the present application is allowed^ Justice R. Kantha Rao, former Judge of the erstwhile High Court of Andhra Pradesh, is appointed as an Arbitrator, who shall enter upon the reference and adjudicate upon the disputes arising out of and in connection with the MoU-cum- ^2025) 1 see 502 3 HCJ ARBAPPL 21 2021 Agreement to Sell, dated 06.02.2002, and render the Award within the statutory period. 5. It shall be open to the parties to raise all issues including the issue of arbitrability of various claims as also the issue of limitation, which shall be gone into by the learned Arbitrator, if they are so raised. The parties shall be free to file detailed claims and counterclaims, before the learned Arbitrator. The learned Arbitrator shall also be entitled to claim the fee in consultation with the parties keeping in view the provisions of the Fourth Schedule of the Arbitration and Conciliation Act, 1996. No order as to costs. Pending miscellaneous applications, if any, in this petition, shall stand closed. A copy of this order be communicated to the learned Arbitrator on the address mentioned herein below; Justice R. Kantha Rao Flat No. 101, 1 Floor, Vamshi Valley View, Jubilee Hills, near Apollo Hospital, Hyderabad - 500 033 Mobile; 94409 01082 Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To Sri Justice R.Kantha Rao, former Judge of the High Court of Andhra Pradesh, R/o.Flat No. 101, 1®* Floor, Vamshi Valley View, Jubilee Hills, near Apollo Hospital, Hyderabad-500033, Mobile No. 9440901082. (along with a copy of Arbitration Application Affidavit and all material papers filed along with Arbitration Application) 1. 2. The Registrar (Judicial), High Court of Andhra Pradesh, Amaravathi. 3. One CC to Ms. V Dhana Lakshmi, Advocate [OPUC] 4. Mantri Sobha, D/o.late P.Raja Rammohan Roy, aged 52 years, R/o.10- 5-7, Opp Indira Vidya Niketan, Ramnagar, Visakhapatnam. 5. Debeeru Prathibha, D/o.late P.Raja Rammohan Roy, aged 50 years, R/o. 10-5-7, Opp Indira Vidya Niketan, Ramnagar, Visakhapatnam. 6. Pakki Ashok, S/o.late P.Raja Rammohan Roy, R/o. 10-5-7, Opp Indira Vidya Niketan, Ramnagar, Visakhapatnam. 7. Pakki Geeta, D/o.late P.Raja Rammohan Roy, R/o.10-5-7, Opp Indira Vidya Niketan, Ramnagar, Visakhapatnam. 8. Pakki Kishore, S/o.late P.Raja Rammohan Roy, R/o. 10-5-7, Opp Indira Vidya Niketan, Ramnagar, Visakhapatnam. 9. Pakki Suneetha, D/o.late P.Raja Rammohan Roy, R/o. 10-5-7, Opp Indira Vidya Niketan, Ramnagar, Visakhapatnam. 10.Dabbiru^,vSrmi^s^ Rao, S/o.late Paddaiah, aged 70 years, R/o.Siyllayam line, Kota Veedhi, Yellamanchili, Visakhapatnam District. 11.Dabb|r|j Lakshminarayana, S/o.late Paddaiah, aged 67 years, R/o. 10-5- 9, RamrVag.^r; Visakhapatnam. 12.The Section Officer, OS Section, High Court of Andhra Pradesh at Amaravathi. 13.Three CD Copies TK sree HIGH COURT DATED:21/03/2025 ORDER ARBAPPL.No.21 of 2021 g 2 6 MAR 2025 Ciirr«nt Section ALLOWING THE ARBITRATION APPLICATION