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.47 of 2022 Between: M/s. Priyanka Resorts Pvt. Ltd, Rep. by its Director, Ravipati Venkata Ravi Kumar, S/o. Suryanarayana, Hindu, Male, aged 48 years, Flat No.4, Prahlada Nilayam, Balaji Road, Godarigunta, Kakinada, East Godavari District. ...Applicant AND The Andhra Pradesh Tourism Development Corporation Ltd, Rep. by its Managing Director Corporate Office, 5'^ Floor, Staline Corporate, Industrial Estate, Autonagar, Vijayawada-07. ...Respondent Application under Section 11 (5) & (6) of the Arbitration and Conciliation Act, 1996 R/w para (3)(i)(c) of scheme for Appointment of Arbitrators, 2006 for constitution of Arbitral Tribunal/to appoint Arbitrator for resolving the disputes between parties under the Agreement dated 11-04- 2018, and award costs of this application. Counsel for the Petitioner : Sri S. Jaswanth, representing on behalf of Sri Mangena Sree Rama Rao Counsel for the Respondent : Ms.G.S. Harshitha, representing on behalf of Sri D Narendar Naik The Court made the following: f APHC010618782022 Bench Sr.Noi-T-S [3441] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ARBITRATION APPLICATION NO: 47 of 2022 M/s. Priyanka Resorts Pvt. Ltd. ...Applicant Vs. The Andhra Pradesh Tourism Development Corporation Ltd ...Respondent ********** Advocate for Applicant: Mr. S. Jaswanth appearing vice Mr. MangenaSree Rama Rao Ms. G. S. Harshitha appearing vice Mr. D. NarendarNaik Advocate for Respondent; CORAM ;THE CHIEF JUSTICE DHIRAJ SINGH THAKUR . Xl- 3- DATE PC : This is an application filed under Section 11(5) and Section 11(6) of the Arbitration and Conciliation Act. 1996, (for short, “the Act of 1996”) seeking reference of the disputes arising out of and in connection with Agreement, dated 11.04.2018, to an arbitrator. 2. Learned counsel for the respondent does not deny the existence of an arbitration clause in the Agreement, which is reproduced hereunder: ‘f3.2. Arbitration a) Arbitrators Any Dispute which is not resolved amicably as provided in Article 13.1(a) and Article 13.1(b) shall be finally settled by binding arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall be by a panel of three arbitrators, one to be appointed by each Party and the third to be 2 HCJ ARBAPPL 47 2022 appointed by the two arbitrators appointed by the Parties. A Party requiring arbitration shall appoint an arbitrator in writing, inform the other Party about such appointment and call upon the other Party to appoint its arbitrator. If the other Party falls to appoint its arbitrator, the Party appointing arbitrator shall take steps in accordance with Arbitration and Conciliation Act, 1996. b) Place of Arbitration The place of arbitration shall be Vijayawada, Andhra Pradesh but by agreement of the Parties, the arbitration hearings, if required, can be held elsewhere from time to time. c) English Language The request for arbitration, the answer to the request, the terms of reference, any written submissions, any orders and rulings shall be in English and, if oral hearings take place, English shall be the language to be used in the hearings. d) Procedure The procedure to be followed within the arbitration, including appointment of arbitrator/ arbitral tribunal, the rules of evidence which are to apply shall be in accordance with the Arbitration and Conciliation Act, 1996.” Learned counsel for the applicant has drawn the attention of this Court to the notice, dated 13.10.2022, whereby the arbitration clause was invoked and a request was made to the respondent to initiate the arbitration proceedings in terms of the Agreement. The said notice, it is stated, did not 3. elicit any response. Since there is no dispute with regard to the existence of an arbitration clause, and since disputes have arisen between the parties, the same are required to be referred for adjudication. Considering the view expressed by the Apex Court in Aslam Ismail Khan Deshmukh v. ASAP Fluids Pvt. Ltd. 4. 3 HCJ c ARBAPPL 47 2022 and another\ in the light of the provisions of Section 11 (6) (A) of the Act of 1996, which envisages that the referral Court should confine itself to the examination of the existence of an arbitration agreement, and considering the fact that disputes have arisen between the parties, arising out of and in connection with Agreement, dated 11.04.2018, the present application is allowed. 5. In the present case, considering the quantum of dispute, it would be apt to refer the disputes to a sole arbitrator. 6. Be that as it may. Justice R. 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 11.04.2018, and render the Award within the statutory period. The parties shall be free to file detailed claims and counterclaims, 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. It shall be open to the respondent to raise issues of arbitrability of claims, including the issue of limitation, which shall be considered by the learned Arbitrator, if they are so raised. No order as to costs. Pending miscellaneous applications, if any, in this petition, shall stand closed. (2025) 1 see 502 4 HCJ ( ARBAPPL 47 2022 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 Flills, near Apollo Hospital, Hyderabad - 500 033 Mobile: 94409 01082 Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. Sri Justice R.Kantha Rao, former Judge of the High Court of Andhra Pradesh, R/o.Flat No.101, 1®‘ Floor, Vamshi Valley View, Jubilee Hills, near Apollo Hospital, Hyderabad-500033, Mobile No. 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, Amaravathi. 3. One CC to Sri Mangena Sree Rama Rao, Advocate [OPUC] 4. One CC to Sri D Narendar Naik, Advocate [OPUC] 5. The Managing Director, The Andhra Pradesh Tourism Development Corporation Ltd, Corporate Office, 5‘^ Floor, Staline Corporate, Industrial Estate, Autonagar, Vijayawada-07. 6. The Section Officer, OS Section, High Court of Andhra Pradesh at Amaravathi. 7. Three CD Copies TK sree HIGH COURT DATED:21/03/2025 ORDER ARBAPPL.No.47 of 2022 * 2 6 MAR 2025 o\. f a^ . Current section ^ SiSESPATCH^.^ ALLOWING THE ARBITRATION APPLICATION