APHC010524852024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE ARBITRATION APPLICATION NO: 7 OF 202^ Between: Sri Ramakrishna Seemakurti, S/o. (Late) S. Venkataratnam, years, Occ: Retired, R/o. H. No 2-67/867,66, Behind Montridge School Mahadevapuram, Gajualaramaram, Hyderabad-500055. aged 71 ...Applicant AND 1. M/s TDR Nirman Builders, Represented by its Managing Partners Tankala Dilleswara Rao, S/o. Late T Narayana Murty, Aged 62 residing at Flat No 520, Gadiraju Empire Visakhapatnam - 530 017. 2. Ippili Laxmi Narsa Rao, S/o. Late I. Trindha Swamy, Aged 61 years, Gadiraju Empire, Lawsons Bay Colony, yrs. Lawsons Bay Colony, residing at Flat No.518, Visakhapatnam - 530 017. ...Respondents Arbitration Application under Section 11(5) & (6) of the Arbitration Conciliation Act, 1996 praying that the High Court may be pleased to appoint a sole arbitrator for the purpose of adjudicating the disputes which between the applicant and respondents in iieu of the Development Agreement and arose V was registered vide its Document No.6806 of 2021, dt.18.10.2021 pertaining to land bearing House Plot bearing No.65, admeasuring 507 Sq.Yards, in Sy.No.7/1, Yendada Village and Panchayat, Visakhapatnam, Andhra Pradesh State. Counsel for the Applicant: Ms. Boppudi Alekhya Counsel for the Respondents: Sri P Rama Sharana Sharma The Court made the following: ^yrw,r,; Bench Sr.No:-29 [3441] APHC010524852024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Arbitration Application No: 7 of 2025 ...Applicant Sri Ramakrishna Seemakurti Vs. ...Respondents TDR Nirman Builders and others ********** Ms. Boppudi Alekhya Mr. P. Rama Sharana Sharma Advocate for Applicant; Advocate for Respondents: CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR : 18**’July, 2025. DATE PC : This is an application filed under Section 11 of the Arbitration and Conciliation Act, 1996, for referring the disputes arising out of and in connection with the registered Development Agreement-cum-General Power of Attorney, entered into between the parties, dated 18.10.2021, to an arbitrator. Clause 28 of the said Agreement, envisaged any dispute between the parties to be settled through the mechanism of arbitration. For facility of reference. Clause 28 of the DAGPA is reproduced hereunder; 2. In case any dispute arises between the parties hereto touching these presents the matter shall be referred to arbitrators, one chosen by each party and in case of any difference of opinion between such arbitrators, they shall nominate a common umpire and their award shall be final and binding on both parties and the relevant provisions of the Arbitration Act shall apply.” 28) 2 HCJ ARBAPPL 7 2025“' 2. Disputes having arisen between the parties in connection with and arising out of the said DAGPA, a notice, dated 09.08.2024, was served upon the respondent by the applicant, invoking the arbitration clause and by virtue of the said notice, the respondent was informed that they had nominated Mr. P. Guru Prasad, Advocate, as their arbitrator and called upon the respondent to nominate their arbitrator. The notice, however, is stated to have not elicited any response, hence the present application. Response has not been filed despite opportunities granted. 3. Learned counsel for the respondent does not deny existence of either 4. the arbitration clause in the Agreement or the fact that disputes have arisen which need to be decided through the mechanism of arbitration. Disputes having arisen between the parties, which are required to be 5. resolved 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 for and on behalf of the respondents/non-applicants. The learned Arbitrators shall be at liberty to appoint a Presiding Arbitrator in terms of the arbitration agreement. The Arbitral Tribunal thus constituted shall enter upon the reference and adjudicate upon the disputes arising out of and in connection with the DAGPA, dated 18.10.2021, and render the Award within the statutory period. The parties shall be free to fife detailed claims and counter-claims, before the Tribunal so 3 - HC) ARBAPPL_7_2025 constituted. 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, of this order be communicated to the learned Arbitrator on the address mentioned herein below; A copy Justice Duppala Venkata Ramana, Flat No.203, Boppana Riverside, Ashram Road, Tadepalli, Guntur, Andhra Pradesh - 522 501. Phone; 94410 88646 / 89851 61133 Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// OFFICER SE To, 1. Sri Justice Duppala Venkata Ramana, Flat No.203, Boppana Riverside, Ashram Road, Tadepalli, Guntur, Andhra Pradesh-522 501, Phone; copy of Arbitration 9441088646/8985161133 (along with a Application Affidavit and all material papers filed along with Arbitration Application) 2. The Registrar(Judicial), High Court of Andhra Pradesh at Amaravathi 3 JDR Nirman Builders, Represented by its Managing Partners, Tankala Dilleswara Rao, S/o. Late T Narayana Murty, Aged 62 yrs, residing at Flat No 520, Gadiraju Empire, Lawsons Bay Colony, Visakhapatnam - 530 017. 4. Ippili Laxmi Narsa Rao, S/o. Late I. Trindha Swamy, Aged 61 years, residing at Flat No.518, Visakhapatnam - 530 017. 5. OneCCto Ms.Boppudi Alekhya, Advocate [OPUC] Gadiraju Empire, Lawsons Bay Colony, 6. One CC to Sri. P Rama Sharana Sharma, Advocate [OPUC] 7. The Section Officer, OS Section, High Court of Andhra Pradesh at Amaravathi 8. Two CD Copies Stu sree ✓ HIGH COURT DATED: 18/07/2025 ORDER ARBAPPL NO. 7 OF 2025 ALLOWING THE ARBITRATION APPLICATION