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2025 DAILYLAW 5555 (AP)

T JAYARAMI REDDY v. The Union of India

ARBAPPL/5/2025 · 2025-07-17

Dhiraj Singh Thakur

body2025

Judgment text

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APHC010047692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Arbitration Application No: 5 of 2025 Bench Sr.No:-28 [3441] T. Jayarami Reddy ...Applicant Vs. The Union of India, Rep. By The Superintendent of Post Office ...Respondent ********** Advocate for Applicant: Mr. Kochiri Raja Shekar Advocate for Respondent: Mr. C. V. R. Rudra Prasad (Central Govt. Counsel) CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR DATE : 18th July, 2025. P C : 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 Lease Agreement, dated 01.09.2015, entered into between the parties, to an independent arbitrator. 2. As per Clause 15 of the said Agreement, any dispute arising out of the presents of the Agreement, it is envisaged to be referred for arbitration. For facility of reference, Clause 15 of the Lease Agreement is reproduced hereunder: “15. Should any dispute of difference arise out concerning the subject matter of these presents of any covenant clause or thing herein contained or otherwise arising out this lease, the same shall be referred 2 HCJ ARBAPPL_5_2025 to an Arbitrator to be appointed by the Government of India and the decision of such Arbitrator shall be conclusive and binding on the parties hereto The provisions of the Arbitration Act, 1940 or any statutory modifications thereof for the time being in force shall apply to such arbitration.” 3. Disputes having arisen between the parties, a notice, dated 07.08.2024, was served upon the respondent by the applicant, invoking the arbitration clause, receipt whereof has not been denied by the respondents. 4. Learned counsel for the respondent does not dispute the existence of either the arbitration clause in the Agreement or the fact that disputes have arisen, which need to be decided through the mechanism of arbitration and agrees to the appointment of an independent arbitrator. 5. Be that as it may, the present arbitration application is allowed. Mr. K. Gurrappa Naidu, retired District Judge, is appointed as an Arbitrator, who shall enter upon the reference and adjudicate upon the disputes arising out of and in connection with the Lease Agreement, dated 01.09.2015, 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 accordance with Schedule IV of the Act. No order as to costs. Pending miscellaneous applications, if any, in this application shall stand closed. 3 HCJ ARBAPPL_5_2025 A copy of this order be communicated to the learned Arbitrator on the address mentioned herein below: Mr. K. Gurrappa Naidu, retired District Judge, Door No.118-J, Prakasam Road, Tirupati, Chittoor District – 517 501. Mobile Number: 98497 51822 DHIRAJ SINGH THAKUR, CJ. SSN