IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVi O: ■'I FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE a ^/N PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE ARBITRATION APPLICATION No.30 of 2024 Between: M/s Pumshothaman Cranes, (a Company incorporated under the provisions of the Companies Act, 1956) Regd. Office at No.1, Krishnadass Road, Near B and C Mills Canteen Gate, Chennai-600012, Tamil Nadu State. Acting through its authorized representative Mr.P.Manivasagam, S/o. N.Palaniandi, Aged about 71 years, Assistant Vice President (Duly empowered by Special Power of Attorney). ...Petitioner AND M/s Seaways Shipping and Logistics Limited, Through its Principal Officer / Authorized Person, No. 10-1-31, 3"'^ floor. Signature Towers, CBM Compound, Vishakapatnam- 530003, Visakhapatnam District, AP. ...Respondent Application filed under Section 11 (5) & (6) of the Arbitration and Conciliation Act, 1996 to 1. Appoint any other independent person in his place as this Honourable Court may deem fit and proper as the Sole Arbitrator to decide the disputes that have arisen between the parties as per the provisions of the said Act and/or 2. grant costs of this Petition in favour of the Petitioner and against the Respondent. -r ^ ■ ■ ; V ' el for the Petitioner : Sri Yaswanth Gade / 3; ,V'. C{^nsel for the Respondent : Sri S. Vivek Chandrasekhar The .Court made the following: Bench Sr.No:-9 [3441] APHC010598612024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ARBITRATION APPLICATION NO: 30 of 2024 ...Applicant M/s. Purushothaman Cranes Vs. ...Respondent M/s. Seaways Shipping and Logistics Ltd. Mr. Yaswanth Gade Advocate for Applicant: Mr. S. Vivek Chandrasekhar Advocate for Respondent: CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR : 4*'’ April, 2025. DATE PC : The present application has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 (for short, “the Act of 1996”) for referring the disputes arising out of and in connection with Agreement, dated 10.07.2021. It is stated that according to Clause 10 of the said Agreement, in the event of disputes arising between the parties, the same are required to be 2. settled through the mechanism of arbitration. Learned counsel for the respondent does not dispute the existence of 3. either the arbitration clause in the Agreement or the fact that disputes have 2 HCJ ARBAPPL 30 2024 arisen, which need to be decided through the mechanism of arbitration and agrees to the appointment of an independent arbitrator. Be that as it may, the present arbitration application is allowed. Justice K.Vijaya Lakshmi, former Judge of the 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 10.07.2021, 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 4. consultation with the parties. No order as to costs. Pending miscellaneous applications, if any, in this application shall stand closed. A copy of this order be communicated to the learned Arbitrator on the address mentioned herein below: Justice K.Vijaya Lakshmi, D.No. 8-2-293/82/F/9, Type B, Road No.7, Film Nagar, Behind Film NagarClub, Jubilee Hills, Hyderabad - 500 033 Telangana State. Ph;9849807562 / 7901097366 SDI- S.V.S.R. MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. Smt Justice K.Vijaya Lakshmi, former Judge of the High Court of Andhra Pradesh, R/o.D.No.8-2-293/82/F/9, Type B, Road No.7, Film Nagar, Behind Film Nagar Club, Jubilee Hills, Hyderabad - 500033, Telangana State. Ph: 98498047562, 7901097366 (along with a copy of Arbitration Application Affidavit and ail material papers filed along with Arbitration Application) } 2. The Registrar (Judicial), High Court of Andhra Pradesh, Amaravathi. 3. One CC to Sri Yaswanth Gade, Advocate [OPUC] 4. One CC to Sri S Vivek Chandrasekhar, Advocate [OPUC] 5. M/s Seaways Shipping and Logistics Limited, Through its Principal No- 10-1-31, 3^^^ floor. Signature Towers, CBM Compound, Vishakapatnam- 530003, Visakhapatnam District, AP. 6. The Section Officer, OS Section, High Court of Andhra Pradesh Amaravathi. 7. Three CD Copies / / at TK AL \HIGH COURT DATED:04/04/2025 ORDER ARBAPPL.No.30 of 2024 ALLOWING THE ARBITRATION APPLICATION