I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY. THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE ARBITRATION APPLICATION No.6 of 2024 Between: 1. Dhanoosh Economically Poor People Seva Samithi, Rep. by its Executive Member Sri Podili Ramesh, Vasantharayapuram, Guntur. 2. Podili Ramesh, S/o Venkatarao, Aged about 46 years, R/o.D.No.7-6- 925/9, Vengalrao Nagar, Guntur. ...APPLICANTS AND The Guntur Municipal Corporation, Rep. by its Commissioner, Guntur District, Guntur. ...RESPONDENT Application filed under Section 11 (5) & (6) of the Arbitration and Conciliation Act, 1996 R/w Scheme for Appointment of Arbitrator 1996 for the aforesaid reasons stated in the accompanying affidavit the applicant therefore prays that this Honourable Court may be pleased to appoint sole and independent arbitrator for resolving and adjudicating the claims and disputes between the applicant and Respondent as per clause 11 of memorandum of agreement dated 28.02.2007. : SMT B VASANTHA LAKSHMI Counsel for the Petitioners f- / / Counsel for the Respondent : SRI M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP ) / The Court made the following ORDER : / /t- Bench Sr.No:- APHC010109132024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI / 92 [3441] 0 ARBITRATION APPLICATION NO: 6 of 2024 ...Applicants Dhanoosh Economically Poor People Seva Samithi and others Vs. ...Respondent The Guntur Municipal Corporation ********** Ms. B. Vasantha Lakshmi Advocate for Applicants; Advocate for Respondent: None CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR : 24^'’ January, 2025. DATE P C : The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 for referring the disputes arising out of and in connection with Memorandum of Agreement, dated 28.02.2007, entered into between the petitioner and the Guntur Municipal Corporation - respondent herein. Disputes having arisen between the parties, the petitioner claims that it invoked the arbitration clause by serving upon the respondent a notice, dated 09.03.2023, requesting the appointment of an arbitrator to resolve the disputes between the parties. The said notice did not elicit any favourable response and hence the present petition. 2. 2 HCJ ARBAPPL 6 2024 3. On a perusal of the Agreement, dated 28.02.2007, it can be seen that the parties had envisaged resolution of disputes through the mechanism of arbitration in accordance with Clause 11, which reads as under: Dispute if any, arising during the period of this agreement between Second Party and First Party shall be referred to the mutually appointed arbitrator or a person nominated with the consent of both the parties. The venue of arbitration shall be Guntur District. The Courts of Guntur shall have exclusive jurisdiction to in all matters connected with this agreement. ” 11. 4. Despite opportunities having been granted to the respondent^ objections have not been filed. 5. Counsel for the parties do not deny the existence of an arbitration clause. 6. Be that as it may, the present arbitration application is allowed. Justice G. Shyam Prasad, 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 Memorandum of Agreement, dated 28.02.2007, 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. 3 HCJ ARBAPPL 6 2024 Pending miscellaneous applications, if any, in this application shall stand closed. No order as to costs. A copy of this order be communicated to the learned Arbitrator on the address mentioned herein below; Justice G. Shyam Prasad, TEAK, Flat No.604, Raintree Apartments, Nambur, Guntur, Andhra Pradesh. Ph# 833104409 SOI- E.KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To Sri Justice G.Shyam Prasad, former Judge of the High Court of Andhra Pradesh, R/o.TEAK, Flat No.604, Raintree Apartments, Nambur, Guntur District, Andhra Pradesh. Mobile No:8331044099. (along with a copy of Arbitration Application Affidavit and all material papers filed along with Arbitration Application) 1. The Registrar (Judicial), High Court of Andhra Pradesh, Amaravathi. 2. One CC to Smt B Vasantha Lakshmi, Advocate [OPUC] 3. One CC to Sri M Manohar Reddy (SC for Munc and Munc Corp) Advocate [OPUC] 4. The Guntur Municipal Corporation, Rep. by its Commissioner, Guntur District, Guntur. 5. 6. Three CD Copies TK TAC \ HIGH COURT DATED:24/01/2025 ORDER ARBAPPL.No.6 of 2024 I ) I FEB 2025 a; Secuon , ALLOWING THE ARBITRATION APPLICATION