Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 26108 (AP)

DIAMOND STAR GENERAL TRADING COMPANY LLC v. THE ANDHRA PRADESH FOREST DEVELOPMENT CORPORATION LIMITED

ARBAPPL/16/2024 · 2025-02-14

Dhiraj Singh Thakur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY ,THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE ARBITRATION APPLICATION NO: 16 OF 2024 Between: M/s Diamond Star General Trading Company LLC, having its Registered Office at P.O. Box 45980, Near A1 Jazira Hotel, A1 Ras, Dubai, UAE, represented by Sri Dileep Kumar, S/o. Lai hand, aged about 49 years, (Passport NO.Z24230947), Chairman and Managing Director of M/s. Diamond General Trading LLC, P.O. Box 45980, Near A1 Jazira Hotel, A1 Ras, Dubai, UAE, e-mail address, dileepdsfs@vahoo.com), presently residing at Plot No.81, Sardarpura, 1st A Road, Jodhpur, Rajastan - 342001 ...Applicant AND The Andhra Pradesh Forest Development Corporation Limited, an Indian Company, represented by Sri P.K. Sarangi, S/o. Sri Gourmohan Sarangi, aged about 64 years. Vice Chairman and Managing Director, 3rd Floor, UNI Building, A.C. Guards, Hyderabad - 500 004. ...Respondent Arbitration Application under Section 11(5) & (6) of Arbitration and Conciliation Act, 1996 read with Scheme of Appointment of Arbitrators, 1996 praying that the High Court may be pleased #' i) To appoint an arbitrator (named arbitrator namely Special Chief Secretary to Government, Environment, Forest, Science and Technology Department, Government of Andhra Pradesh), as the sole arbitrator to adjudicate the disputes between the appicaint and the respondent corporation and for passing an award as per the provisions of the Arbitration and Conciliation Act, 1996, in the interest of justice, on such terms and conditions as the Honourable Court may deem fit and proper in the circumstances of the case, ii) to award costs of this application. Counsel for the Petitioner: Sri Vedula Venkataramana,Senior counsel appearing for M/S Bharadwaj Associates Counsel for the Respondents: Sri Ambati Satyanarayana (Standing Counsel for APFDC) The Court made the following: ORDER Bench Sr.No;-32 [3441] APHC010369312024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ARBITRATION APPLICATION NO: 16 of 2024 ...Applicant Diamond Star General Trading Company LLC Vs. The Andhra Pradesh Forest Development Corporation Limited ...Respondent ********** Mr. Vedula Venkatramana, learned Senior Counsel appearing for M/s. Bharadwaj Associates Advocate for Applicant; Mr. Ambati Satyanarayana (SC for APFDC) Advocatefor Respondent; CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR : 14^'’ February, 2025. DATE PC : This is an application filed under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996, seeking the appointment of an arbitrator for purposes of adjudicating the disputes arising out of and in connection with Agreement, dated 12.05.2015. According to Clause XVI of the said Agreement, the disputes are to be * settled through the mechanism of arbitration. Clause XVI is reproduced 2. hereunder; 2 HCJ ARBAPPL 16 2024 'XVI. Arbitration: If any question or dispute shall, at any time arises between the Parties with regard to effect of supply and clauses referred to or the rights or liabilities of the parties here to, the same shall be referred to the sole Arbitrator, i.e. the Special Chief Secretary to Government, Environment, Forests, Science & Technology Depart, AP Secretariat, Hyderabad, whose decision shall be final and binding on both the Parties. All the litigations / disputes, if any arise, the jurisdiction is limited to the City of Hyderabad, Andhra Pradesh, India, for which both the Parties are binding. The Arbitration and Reconciliation Act 1996 will also hold good in addition to the above clauses. ” On a perusal of the aforementioned Clause, it is clear that it is only the Court at Hyderabad, which would have jurisdiction to entertain the present application. 2 Be that as it may, the present arbitration application is disposed of, with liberty to the applicant to approach the appropriate forum in the State of Telangana. No order as to costs. 3. Pending miscellaneous applications, if any, in this petition, shall stand Sd/- E KAMESWARA RAO JOINT REGISTRAR closed. / / //TRUE COPY// SECTION OFFICER To. 1. The Andhra Pradesh Forest Development Corporation Limited Indian Company, represented by Sri P.K. Sarangi, S/o. Sri Gourmohan Sarangi, aged about 64 years. Vice Chairman and Managing Director, 3rd Floor, UNI Building, A.C. Guards, Hyderabad - 500 004. an 2. One CC to M/S Bharadwaj Associates Advocate [OPUC] 3. One CC to Sri. Ambati Satyanarayana (Standing Counsel for APFDC) [OPUC] 4. Three CD Copies Stu vna K✓ HIGH COURT DATED; 14/02/2025 * • ORDER ARBAPPL.No.16 of 2024 !fOf AMOS^ g U FEB 2025 ^ . Current Section . DISPOSING OF THE ARBITRATION APPLICATION WITHOUT COSTS