APHC010440272023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSITCE DHIRAJ SINGH THAKUR, CHIEF JUSTICE ARBITRATION APPLICATION NO: 50 OF 2023 Between: Putrevu Narayana Durga @ Putrevu Durga Venkata Padma Suryanarayana, S/o.Late Putrevu Lakshmana Murthy, aged about 50 years. Currently residing at 10409, Mateo TrI, Irving, Texas-75063, United States of America. #Permanent address: H.No.16-6-18, Ground Floor, situated at 2nd Line, Sri Rajeswari Niwas, Official Colony, Near Collectors Office, Maharanipeta, Visakhapatnam (Urban City), Visakhapatnam District-503002, Andhra Pradesh. ...Applicant AND Chunduru Srinivasa Rao, S/o.Late Krishna Murthy, aged 56 years. Temporarily residing at D-105, Solankis Gulmohar Apartment, Brahminwadi, Begumpet, Hyderabad, Telangana-500 016. #Permanently residing at House No. 16-6-18, Ground Floor, situated at 2nd Line, Sri Rajeswari Niwas, Official Colony, Near Collectors Office, Maharanipeta, Visakhapatnam (Urban City), Visakhapatnam District- 503002, Andhra Pradesh. ...Respondent Application filed under Section 11 (5) & (6) of the Arbitration and Conciliation Act, 1996 read with Para (3) (i) (c) of Scheme for Appoinfment of Arbitrators, 2006 for the aforesaid reasons stated in the accompanying affidavit for appointment of an arbitrator for settlement of the disputes between the applicant and the respondent arising out of lease agreement dated 10.06.2022. Counsel for the Application: Smt. Katta Sravya Counsel for the Respondent: Sri R. Yella Reddy The Court made the following: Bench Sr.No:-22 [3441] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI APHC010440272023 Arbitration Application No: 50 of 2023 ...Applicant Putrevu Narayana Durga @ Putevu Durga Venkata Padma Suryanarayana Vs. ...Respondent Chunduru Srinivasa Rao ********** Ms. Katta Sravya Advocate for Applicant: Advocate for Respondent; Mr. R. Yella Reddy CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR : 4'" July, 2025. DATE PC : application filed under Section 11 of the Arbitration and Conciliation Act, 1996, (for short, “the Act of 1996”) seeking reference of the out of and in connection with a Lease Agreement, dated This is an disputes arising 10.06.2022. 2. Clause 8.1 of the Agreement envisaged resolution of the disputes through the mechanism of arbitration. 3. It is stated that disputes having arisen between the parties, a notice, arbitration clause, dated 01.05.2023, was served upon the invoking the respondent, which did not elicit any response, hence the present application. 2 HCJ ARBAPPL 50 2023 4. In the response filed by the non-applicant, the stand taken is that, an appropriate response was given to the notice dated 01.05.2023, through emails in which the non-applicant had denied the very existence of the Agreement. Learned counsel for the non-applicant would therefore urge that since the non-applicant had denied the execution of the Lease Agreement, disputes 5. be not referred to the arbitrator. 6. The objection regarding the very existence or validity of the arbitration clause in the Agreement can be gone into by the arbitrator in terms of Section 16 of the Act of 1996. The Apex Court in Interplay between Arbitration Agreements under A&C Act, 1996 & Stamp Act, 1899, In re, ^ had elaborately dealt with the doctrine of competence-competence which is a general rule of international arbitral law that an Arbitral Tribunal has the power to determine its own jurisdiction, which principle has substantively been incorporated in Section 16 of the Act of 1996, where the arbitral tribunal has been held to be obligated to decide on the challenge to its jurisdiction. 7. Be that as it may, the arbitration application is allowed. Mr. D. Tarakaram, Retired District Judge, is appointed as an arbitrator, who shall enter upon the reference and adjudicate upon the disputes arising out of and in connection with the Lease Agreement dated 10.06.2022, and render the Award within the statutory period. The parties shall be free to file detailed (2024) 6 see 1 % 3 HCJ ARBAPPL_50_2023 claims and counter-claims, before the learned Arbitrator. The learned Arbitrator shall also be entitled to claim the fee in consultation with the parties. 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: Mr. D. Tarakaram, Retired District Judge, D.No.55-26-11, H.B. Colony, Seethammadara, Visakhapatnam - 530 022 Ph; 89852 43555. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SE OFFICER To, 1. Sri D.Tarakaram, Retired District Judge, R/o.D.No.55-26-11, H.B.Colony, Seethammadhara, Visakhapatnam-530 022. Ph:8985243555. (along with a copy of Arbitration Application Affidavit and all material papers filed along with Arbitration Application) (By Speed Post) 2. The Registrar (Judicial), High Court of Andhra Pradesh, Amaravati. 3. One CC to Smt. Katta Sravya, Advocate [OPUC] 4. One CC to Sri R. Yella Reddy, Advocate [OPUC] 5. Chunduru Srinivasa Rao, S/o.Late Krishna Murthy, aged 56 years. Temporarily residing at D-105, Solankis Gulmohar Apartment, Brahminwadi, Begumpet, Hyderabad, Telangana-500 016. Permanently residing at House No.16-6-18, Ground Floor, situated at 2nd Line, Sri Rajeswari Niwas, Official Colony, Near Collectors Office, Maharanipeta, Visakhapatnam (Urban City), Visakhapatnam District- 503002, Andhra Pradesh. 6. The Section Officer, O.S. Section, High Court of Andhra Pradesh at Amaravati. 7. Two CD Copies BSV sree HIGH COURT DATED:04/07/2025 ORDER ARBAPPL NO. 50 OF 2023 ALLOWING THE ARBITRATION APPLICATION WITHOUT COSTS