IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE ARBITRATION APPLICATION No.22 of 2020 Between: Kurra Ashok Kumar, S/o. Sri Bala Krishna Rao, aged about 61 Occ; Business, Residing at Door No.62/8, Visakhapatnam-17. year, LIG, MVP Colony, ...APPLICANT AND 1. Trinethra Super Retail Limited, A company incorporated under the Companies Act 1956 having its officer at Unit 4B and 4C, 4^'' Floor, No.6-3-569/2,Rockdale,Somajiguda, Hyderabad. (Since acquired by More Retail Limited) 2. More Retail Limited, Skyline Icon, 86/92, 5'^ and 6*' Floor, Near Mittal Industrial Estate, Andheri-Kurla Road, Andheri (East), Mumbai 059. -4500 (Causetittle, Appendix -1, Appendix - II and affidavit were amended per Court order dt.01/12/2023. Vide lA No.1 of 2023 in AA No.22 of 2020.) as ...RESPONDENTS Application filed under Section 11 (3) & (6) of the Arbitration and Conciliation Act, 1996. i) To Appoint the arbitrator on behalf of 2"^^ Respondent enabling both Arbitrators to nominate Presiding Arbitrator and adjudicate the claims and disputes between the Applicant and 2^^ Respondent To award the costs of application. ii) Counsel for the Petitioner : SRI S RAJAN Counsel for the Respondents : SMT NIMMAGADDA REVATHI The Court made the following: APHC010252842020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No:-3 [3441] ARBITRATION APPLICATION NO: 22 of 2020 Kurra Ashok Kumar ...Applicant Vs. Trinethra Super Retail Limited and ottiers ...Respondents ********** Advocate for Applicant: Advocate for Respondents: Mr. S. Rajan Ms. Nimmagadda Revathi CORAM .THE CHIEF JUSTICE DHIRAJ SINGH THAKUR : 4*’’ April, 2025. DATE P C : The present application has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (for short, “the Act of 1996”) to refer the disputes arising out of and in connection with Agreement, dated 09.09.2004, to an arbitrator. 2. According to Clause 27 of the Agreement, disputes were envisaged to be resolved initially by mutual consent of the parties and if they remain unsettled, through arbitration. Each party was entitled to nominate an arbitrator and the proceedings were envisaged to be conducted under the provisions of the Act of 1996. HCJ ARBAPPL_22 2020 3. It is not disputed that the parties had earlier nominated their Arbitrators, who in turn appointed a Presiding Arbitrator. An Award was subsequently passed, dismissing the claims of the claimant - the applicant herein. It appears that the applicant challenged the Award before the VII Additional District & Sessions Judge at Visakhapatnam vide A.O.P. No. 1391 of 2015 and the was allowed by virtue of order dated 09.10.2017 and the Award was set aside. same 4. Upon setting aside of the Award, the applicant sought initiation of the proceedings de novo and in that regard nominated its arbitrator vide communication dated 30.12.2017 and called upon the respondents to nominate their arbitrator. 5. According to the respondents, the respondents did not nominate their arbitrator despite receipt of a request, on the ground that the order dated 09.10.2017 passed by the District Judge had been challenged in an appeal before the High Court in C.M.A. No.82 of 2018. 6. Learned counsel for the applicant has placed on record a copy of the order, dated 17.03.2025 passed by a Division Bench of this Court in C.M.A.No.82 of 2018, by virtue of which the appeal was dismissed. Considering the fact that the parties have not raised any dispute regarding jurisdiction of the Courts in Andhra Pradesh to deal with the Award upto the High Court stage when a Division Bench of this Court decided C.M.A.No.82 of 2018 on 17.03.2025, the parties are ad idem that this Court has jurisdiction. 3 HCJ ARBAPPL_22_2020 7. Counsel for the parties pray that instead of the three-member arbitral Tribunal, the disputes be referred to a sole arbitrator. 8. Be that as it may, the present arbitration application is allowed. Justice Matam Venkata Ramana, 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 Agreement, dated 09.09.2004, 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 and as per the provisions of the Fourth Schedule of the Arbitration and Conciliation Act, 1996. 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 Matam Venkata Ramana, Flat No.411, Vamsiram's West Wood, OU Colony Road, AP Animal Husbandry Employees Colony, Shaikpet, Hyderabad - 500 008. Ph: 73821 94499; 98493 67309 SD/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To 1) Sri Justice Matam Venkata Ramana, former Judge of the High Court of Andhra Pradesh, Flat No.411, Vamsiram’s West Wood, OU Colony Road, AP Animal Husbandry Employees Colony, Shaikpet, Hyderabad - 500 008. Ph; 7382194499; 9849367309 (along with a copy of Arbitration Application Affidavit and all material papers filed ;ilrtnn uk/ith ArKifr^l-ii-tn Annl!/'atirtn\ Hi 2) The Registrar (Judicial), High Court of Andhra Pradesh, Amaravathi. One CC to Sri S Rajan, Advocate [OPUC] One CC to Smt Nimmagadda Revathi, Advocate [OPUC] Trinethra Super Retail Limited, A company incorporated under the Companies Act 1956 having its having its officer at Unit 4B and 4C, 4'^ floor. No.6-3-569/2,Rockdale,Somajiguda, Hyderabad. More Retail Limited, Skyline Icon, 86/95, 5**^ and 6*^ Floor, Near Mittal Industrial Estate, Andheri-Kurla Road, Andheri (East), Mumbai - 4500 059. The Section Officer, OS Section, High Court of Andhra Pradesh at Amaravathi. Three CD Copies 3) 4) 5) 6) 7) 8) TK TAG HIGH COURT DATE 0:04/04/2025 ORDER ARBAPPL.No.22 of 2020 ALLOWING THE ARBITRATION APPLICATION