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2025 DAILYLAW 6815 (AP)

M/S SIRI SHOBANA JEWELLERS v. YARLAGADDA YASHWANT

ARBAPPL/3/2025 · 2025-03-21

Dhiraj Singh Thakur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV FRIDAY .THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE ARBITRATION APPLICATION NO: 3 OF 2025 Between: 1. M/s Siri Shobana Jewellers, a firm registered under the Indian Partnership Act, 1932, (Reconstituted on 01.01.2018) Office at 4th Lane, 10th Cross Road, Brodipet, Guntur, Represented by its Managing Partner, R.V.H.Pramodh, S/o.R.V.Vijay Bhupal, Aged about 59 years, Occ Business, R/o.Guntur. 2. R.V.H. Pramodh, S/o R.V.Vijay Bhupal, Aged about 59 years, Occ: Business, R/o D.No.5-87-130, 2nd Lane, Lakshmipuram, Guntur. 3. Rajavasireddy Sree Lakshmi, W/o. RVH Pramodh, Aged about 57 years, Occ Business, R/o D.No.5-87-130, 2nd Lane, Lakshmipuram, Guntur. ...Applicants AND Yarlagadda Yashwant, S/o.Y. Ravi Kumar Aged about 30 years Occ: Business, R/o. 10-28-4/12, Deepanjali Apartments, Waltair Uplands, Near Waltair Club, Siripuram, Visakhapatnam. (E-mail: y.yashwant23@gmail.com) ...Respondent % Arbitration Application filed under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996 R/w Scheme for Appointment of Arbitrators, 1996 praying that the High Court may be pleased to 1. To appoint an Arbitrator for resolving the disputes between the parties, in respect of the Partnership Business and for constitution arbitral tribunal and for adjudication of the claims that would be raised before the Arbitral Tribunal. 2. To award costs of this application. Counsel for the Applicants : Sri. M R K Chakravarthy Counsel for the Respondent: Sri Javvaji Sarath Chandra The Court made the following: # APHC010065522025 Bench Sr.No:-42 [3441] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI q ARBITRATION APPLICATION NO: 3 of 2025 M/s Siri Shobana Jewellers and Others ...Applicant(s) Vs. Yarlagadda Yashwant ...Respondent ********** Advocate for Applicant: Advocate for Respondent: Mr. M R K Chakravarthy Mr. Javvaji Sarath Chandra CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR DATE : 21th March 2025 PC : This is an application filed under Section 11 of the Arbitration and Conciliation Act, 1996, for referring the disputes for adjudication which arise out of and in connection with Partnership Deed, dated 01.01.2018. Learned counsel for the respondent agrees that the disputes have arisen, which require to be adjudicated in terms of the arbitration clause which is reproduced hereunder: “22. DISPUTES: Disputes if any between the partners shall be settled by arbitration.” 2 HCJ # Arb_AppL3_2025 v Be that as it may, the present application is allowed. Justice A.V. Sesha Sai, 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 Partnership Deed, dated 01.01.2018, 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 keeping in view the provisions of the Fourth Schedule of the Arbitration and Conciliation Act, 1996. Pending miscellaneous applications, if any, shall stand closed. No costs. A copy of this order be communicated to the learned Arbitrator on the address mentioned herein below: Justice A.V. Sesha Sai Villa No.C-31, Rain Tree Villas, Opp: Nagarjuna University Road, Namburu Guntur District, Andhra Pradesh 522510 Mobile: 83310 10693 Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, Rain Tree Villas, Opp: 1. Sri Justice A.V Sesha Sai, Villa No.C-31 Nagarjuna University Road, Namburu, Guntur District, Andhra Pradesh, 522510, Mobile No. 8331010693 (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 at Amaravathi 3. Yarlagadda Yashwant, S/o.Y.Ravi Kumar, Aged about 30 years, Occ Business, R/o. 10-28-4/12, Deepanjali Apartments, Waltair Uplands, Near Waltair Club, Siripuram, Visakhapatnam. (Email: y.yashwant23@gmail.com) 4. One CC to Sri. M R K Chakravarthy, Advocate [OPUC] 5. One CC to Sri. Javvaji Sarath Chandra, Advocate [OPUC] 6. The Section Officer, OS Section, High Court of Andhra Pradesh at Amaravathi 7. Three CD Copies Stu sree if HIGH COURT DATED:21/03/2025 ORDER ARBAPPL.No.3 of 2025 ALLOWING THE ARBITRATION APPLICATION