IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE ARBITRATION APPLICATION No.141 of 2016 Between: Madala Ram Babu, S/o. Venkateswara Rao, Aged about 60 Partner of Durga Snuff Company, Office at R.S.No.153/1, Porampalli Post, Gannavaram years, Occ: Mandal, Vijayawada, Krishna District-521212. R/o. Madalavarigudem, Surampalli Post, Gannavaram Mandal, Krishna District. ...Applicant AND 1. Madala Venkateswara Rao, S/o. Rangaiah, (Died) 2. Madala Devi Prathima, D/o. Late Madala Srinivasa Rao, Aged about 27 years, Occ; Partner of Durga Snuff Company, R/o. D.No.20-3/2-35/6A, New Ayodhya Nagar, Opposite Chinta Chetia Bazar, Vijayawada, Krishna District-520003, A.P; 3. Madala Samasiva Rao, S/o. Madala Venkateswara Rao, Aged about 54 years, Occ: Partner of Durga Snuff Company, R/o. D.No. 23-35-29, Lakshmi Nagar, Near Labor Office, Vijayawada 520011, A.P. 4. Kanaka Durgamba, W/o. late Madala Venkateswara Rao, D.No.23-35- 29, Ground Floor, Madalas Building, Lakshmi Nagar, Near Labour Office, Vijayawada-520011, Andhra Pradesh. (Respondent No.4 is brought on record as LR of the Deceased Respondent, as per Court Order dated 03.01.2025 vide IA.No.1 of 2020 in Arbitration Application No.141 of 2016.) Krishna District- ...Respondents Application filed under Section 11 (6)(a) of the Arbitration Conciliation Act, 1996 R/w scheme for Appointment of Arbitrators and 1996 for Ihe aforesaid reasons stated in the accompanying affidavit the applicant therefore prays that this Honourable Court may be pleased to i. Appoint an Arbitrator / Nominee Arbitrator for settlement of disputes between the parties in terms of clause 20 of the Conditions of Partnership Deed, dated 02"'‘ July, 2015. ii. Allow the application in favour of the Applicant and against the Respondents on costs. Counsel for the Petitioner : Sri K Sal Mohan Rao Representing for Sri Sricharan Teiaprolu Counsel for Respondent No.2: Sri M R K Chakravarthy Counsel for Respondent No.3: Sri Sreenivasa Rao Velivela Counsel for Respondent No.4: Sri Y.N.Vivekananda The Court made the following: APHC010500452016 Bench Sr.No:-30 [3441] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ARBITRATION APPLICATION NO: 141 of 2016 Madala Ram Babu ...Applicant Vs. ...Respondents Madala Venkateswara Rao and others ********** Advocates for Applicant: Mr. K. Sal Mohan Rao, Mr. Sricharan Telaprolu Advocates for Respondents; Mr. M. R. K. Chakravarthy - R2, Mr. Sreenivasa Rao Velivela - R3, Mr. Y. N. Vivekananda - R4 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR DATE : 21"^ March, 2025. P C : 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 the Partnership Deed, dated 02.07.2015. It is stated that in accordance with Clause 20 of the said Partnership 2. Deed, disputes arising between the parties were to be settled through the mechanism of arbitration by a mutually acceptable arbitrator. It is stated by learned counsel for the applicant that disputes tiaving arisen between the parties, a Notice, dated 13.10.2016, was issued and served upon the // respondents invoking the arbitration clause. 2 HCJ ARBAPPL 141._2016 Learned counsels for the respondents, on the other hand, state that 3. although the applicant has alleged that the arbitration clause was invoked and the postal receipt was also placed on record, it is emphatically denied that the said notice was served upon the respondents. 4. It was urged by learned counsel for respondent No.4 Mr.Y.N.Vivekananda, and learned counsel for respondent No.2, Mr.M.R.K. Chakravathy, that the applicant be put to strict proof of the fact of service of the Notice, dated 13.10.2016, which is claimed to have been served upon the respondents. On a perusal of the postal receipt, which is on record, it can be seen 5. that same does not contain the entire addresses of the respondents which are otherwise reflected in the application filed by the applicant before this Court. For purposes of clarity, the address of respondent No.2 - M. Devi Prathima, in the present application is reflected as under: “Madala Devi Prathima, D/o.Late Srinivasa Rao, Aged about 27 years, Occ: Partner of Durga Snuff Company, R/o. D.No.20-3/2- 35/6A, New Ayodhya Nagar, Opposite Chinta Chetia Bazar, Vijayawada, Krishna District - 520003, A. P.” Whereas in the postal receipt annexed with the application, the address is reflected as under: 'Chetia Bazar, Vijayawada, PIN: 520003 6. In my opinion, the service could not have been affected on an address as, on the face of it, it is incomplete because it does not contain any specific V.. 3 HCJ a ARBAPPL_141_2016 door number. In the absence of any Acknowledgement Due annexed with the present application, it cannot be presumed that the service of the Notice, dated 13.10.2016, was affected on the respondents. It may be held that the requirement of Section 21 has not been fully complied with by the applicant, and on that account, the present application is not maintainable. Be that as it may, the present arbitration application is dismissed. However, it would be open to the applicant to file the present arbitration application yet again provided the arbitration clause is invoked in the correct perspective. 7. No order as to costs. Pending miscellaneous applications, if any, in this petition, shall stand closed. SD/- S.V.S.R. MURTHY \ JOINT REGISTRAR / //TRUE COPY// OFFICER SEC To 1. Madala Devi Prathima, D/o. Late Madala Srinivasa Rao, Aged about 27 years, Occ: Partner of Durga Snuff Company, R/o. D.No.20-3/2-35/6A, New Ayodhya Nagar, Opposite Chinta Chetia Bazar, Vijayawada, Krishna District-520003, A.P. 2. Madala Samasiva Rao, S/o. Madala Venkateswara Rao, Aged about 54 years, Occ: Partner of Durga Snuff Company, R/o. D.No. 23-35-29, Lakshmi Nagar, Near Labor Office, Vijayawada, Krishna District- 520011, A.P. 3. Kanaka Durgamba, W/o. late Madala Venkateswara Rao, D.No.23-35- 29, Ground Floor, Madalas Building, Lakshmi Nagar, Near Labour Office, Vijayawada-520011, Andhra Pradesh. 4. One CC to Sri Sricharan Telaprolu, Advocate [OPUC] 5. One CC to Sri M R K Chakravarthy, Advocate [OPUC] 6. One CC to Sri Sreenivasa Rao Velivela, Advocate [OPUC] 7. One CC to Sri Y.N.Vivekanah'da, Advocate [OPUC] 8. Three CD Copies TK PRK HIGH COURT DATED:21/03/2025 ORDER ARBAPPL.No.141 of 2016 % o 5 0 2 APR 2025 a Co' ^ . Current beciion DISMISSING THE ARBITRATION APPLICATION WITHOUT COSTS