rt A A A APHC010287342023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE DHIRAJ SINGH THAKUR ARBITRATION APPLICATION NO: 45 OF 2023 Between: M/S.BSP Hydro Dredging Works Pvt. Ltd., Rep. by its Managing Director S.N. Vishnu, having its regd. office at D.No. 3-10-87/16, Flat 401, DSR Residency, Near RIy Gate, Garagaparru Road, Bhimavaram-534202. ...Applicant AND PJRN Earth Movers, rep by its Kartha P Janardhana Naidu D.no. 11/973, Near Sai Apartments, Aravinda Nagar, Ananthapur-515001. ...Respondent Arbitration Application under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996 praying that the High Court may be pleased to appoint Arbitrators under Section 11 (5) and (6) of Arbitration and Conciliation Act, 1996, read with Rules and Scheme under the Act for getting the disputes resolved between the parties and for passing an award by such Arbitrators. Counsel for the Applicant: Sri Ghantasala Udaya Bhaskar Counsel for the Respondent: - The Court made the following order: Bench Sr.No:-23 [3441] APHC010287342023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Arbitration Application No: 45 of 2023 M/s.BSP Hydro Dredging Works Pvt. Ltd. ...Applicant Vs. PJRN Earth Movers ...Respondent ********** Advocate for Applicant: Advocate for Respondent: Mr. Ghantasala Udaya Bhaskar None CORAM ;THE CHIEF JUSTICE DHIRAJ SINGH THAKUR : August, 2025. DATE PC : 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 Agreement, entered into between the parties, dated 01.12.2020, to an independent arbitrator. 2. By virtue of order, dated 20.06.2025, the applicant was permitted to serve the non-applicant herein through the substituted mode, by way of publication in a local daily. The proof of publication has been placed record. However, despite publication of notice in the local newspaper “Andhra Jyothi”, none has caused appearance and are, accordingly, set ex-parte. on 2 HCJ ARBPPL_45_2023 3. Heard learned counsel for the applicant. Clause 7.3 of the Agreement, envisaged that in case of any dispute arising out of the Agreement, entered into between the parties, the same shall 4. be resolved through the mechanism of arbitration. It is stated that a legal notice, dated 09.12.2022, invoking the arbitration 5. clause, was served upon the respondent, which did not elicit any response from the respondent, hence the present application. Be that as it may, disputes having arisen between the parties, which are 5 required to be settled through the mechanism of arbitration, this arbitration application is allowed. Justice Duppala Venkata Ramana, former Judge of the High Court of Madhya 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 Agreement, dated 01.12.2020, 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. 3 HC] ARBPPL_45_2023 A copy of this order be communicated to the learned Arbitrator on the address mentioned herein below: Justice Duppala Venkata Ramana, Flat No.203, Boppana Riverside, Ashram Road, Tadepalli, Guntur, Andhra Pradesh - 522 501. Phone; 94410 88646 / 89851 61133 Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// S N OFFICER To, 1. Sri Justice Duppala Venkata Ramana, Flat No.203, Boppana Riverside Ashram Road, Tadepalli, Guntur, Andhra Pradesh - 522 501, Phone: 9441088646, 8985161133 (along with a copy of Arbitration Application Affidavit and ail material papers filed along with Arbitration Application) (BY SPEED POST) The Registrar( Judicial), High Court of Andhra Pradesh at Amaravathi One CC to Sri. Ghantasala Udaya Bhaskar Advocate [OPUC] The Section Officer, O.S Section, High Court of Andhra Pradesh Amaravathi 2. 3. 4. at 5. Two CD Copies Stu vna V, HIGH COURT DATED:01/08/2025 ORDER ARBAPPL NO. 45 OF 2023 ALLOWING THE ARBITRATION APPLICATION