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2025 DAILYLAW 33050 (AP)

AZVASA EDUCATION PVT LTD v. TEACHER MASTAN MUSLIM EDUCATION SOCIETY

ARBAPPL/27/2024 · 2025-03-21

Dhiraj Singh Thakur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA FRIDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE arbitration application NO: 27 OF 2024 Between: Azvasa Education Pvt Ltd, having its office at No.5. 20th Cross, 7th Main, NS Palya, 2nd Stage, Bengaluru - 560076 through its Authorized representative Shri Karthikeyan Sundarraj aged 44 years son of Suridarrah K Resident of 17, Vivekananda Street Ramakrishnapuram, Ganapathy Post, Coimbatore - 641006. ...Applicant AND Teacher Mastan Muslim Education Society, having its registered office at Door No. 13-2-137/25, Venkata Reddy Nagar, Narasaraopeta, Andhra Pradesh-522601 through its Chairman, Shaik Sadulla Ahamed Hussain sonofVali. ...Respondent Arbitration Application filed under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996 R/w Scheme for Appointment of Arbitrators, 1996 praying that the High Court may be pleased to appoint an arbitrator suitable for this case to adjudicate the claims and disputes arising under the Master Services Agreement dated 03.04.2024. Counsel for the Applicant: Sri Venkata Mohan Rao Pathakota Counsel for the Respondent: None Appeared The Court made the following: T / APHC010491812024 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-40 [3441] AT AMARAVATI ARBITRATION APPLICATION NO: 27 of 2024 Azvasa Education Pvt Ltd ...Applicant Vs. Teacher Mastan Muslim Education Society ...Respondent Advocate for Applicant: Advocate for Respondent: Mr. Venkata Mohan Rao Pathakota CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR DATE : 21th March 2025 PC : This is an application filed under Section 11 of the Arbitration and Conciliation Act, 1996, for referring the disputes for adjudication which arise out of and in connection with the Agreement, dated 03.04.2024. 2. The case of the applicant is that pursuant to a proposal made by the respondent to setup and run a school, initially an MoU, dated 04.04.2023 was executed and subsequently, an Agreement, dated 03.04.2024, also came to be executed between the parties. The applicant claims that the terms and conditions of the MoU, as also the 2 HCJ Arb_AppL27_2024 Agreement, have been violated, details whereof have been given in detail in the application. It is stated that as per the Agreement, disputes were to be resolved through the mechanism of Arbitration by a sole Arbitrator to be mutually appointed by the parties. It is stated that a notice, dated 28.11.2024, invoking the arbitration clause was served upon the respondents, which did not elicit any response at all. Hence, the present application. Despite service, none has caused appearance for the 3. respondents. Be that as it may, the present application is allowed. Justice R. 4. 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 Agreement, dated 03.04.2024, 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 consultation with the parties keeping in view the provisions of the Fourth Schedule of the Arbitration and Conciliation Act, 1996. 3 HCJ Arb_AppL27_2024 Pending miscellaneous applications, if any, shall stand closed. No costs. 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// OFFICER SI To, 1. Sri Justice R.Kantha Rao, Flat No. 101, 1®* Floor, Vamshi Valley View, Jubilee Hills, near Appollo Hospital, Hyderabad- 500 033, Mobile : 9440901082 (along with a copy of Arbitration Application Affidavit and all material papers filed along with Arbitration Application) 2. The Registrar(Judicial), High Court of Andhra Pradesh at Amaravathi 3. Teacher Mastan Muslim Education Society, having its registered office at Door no. 13-2-137/25, Venkata Reddy Nagar, Narasaraopeta, Andhra Pradesh-522601 through its Chairman Shaik Sadulla Ahamed Hussain son of Vali. 4. One CC to Sri. Venkata Mohan Rao Pathakota, Advocate [OPUC] 5. The Section Officer, OS Section, High Court of Andhra Pradesh at Amaravathi 6. Three CD Copies Stu sree HIGH COURT DATED:21/03/2025 ORDER ARBAPPL.No.27 of 2024 X 0^ APR 2025 m ^ . Current Section ALLOWING THE ARBITRATION APPLICATION