M/s. Movie Times Cinemas Pvt Ltd v. M/s. GSG Builders and Infrastructure Limited
Court: High Court for State of Telangana
Bench: ALOK ARADHE
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-12-11. M/s. Movie Times Cinemas Pvt Ltd v. M/s. GSG Builders and Infrastructure Limited. Read the...
Judgment text
133741 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY,THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE THE CHIEF JUSTICE ALOK ARADHE ARBITRATI ON AP PLICATION NO: 2250F 2024 Between: M/s. Movie Times Cinemas p-vt. Ltd. , Represented by its Director Mr. -i#ar Anil Kapur, having. registered g[i9g__r] r"'rrooi, cinemi iliioi"g, Satdarjung Enclave, New Delhi-. ,l 10029 ... Applicant AND M/s. GSG Buihers and rnfrastructure_ Limited, Represented by its Director Mr. -8:)€ii; Ashok Kumar Aoarwat Having its office at b. 5. 'ptiia, ptoi - N;;, Road No. 1, Banjira Hitts, Hyd6rabad-34 ... Respondent Arbitration Apprication fired under section . . . 11 sub section b & 6 of the Arbitration and conciriation Act, 1996 praying that for the reasons stated in ihe accompanying affidavit this Hon,ble Court may be pleased to a.
Appoint an Arbitrator to resorve the disputes between the Appricant and the Respondent, in terms of the rease deed bearing documeni no. 43o3 of 2022 dated. 23-06-2022 b. Award costs of the Arbitration Application Gounsel for the Applicant : Ms. Grishma representing Mr. Bharath Reddy Bommineni Counsel for the Respondent : Mr. Venkat prasad Ukkalam The Court made the following: ORDER THE HON'BLE THE CHIEF JUSTTCE ALOK ARADHE ARBITRATION APPLICATION No. 225 of 2024 ORDER.. Ms. Grishma, learned counsel representing Mr. Bharath Reddy Bommineni, learned counsel for the applicant appeared through video conferencing. Mr. Venkat Prasad Ukkalam, learned counsel fbr the respondent. 2. This application under Section i1(5) and (6) of the Arbitration and Conciliation Act, 1996 has been hled seeking appointment of an arbitrator to adjudicate the dispute between the parties. 3. The parties entered into a Lease Deed on 23. 06. 2022.
Clause 6(xyiii) of the aforesaid Lease Deed contains an arbitration clause, which is extracted below for the facility of reference: "*eiii) Any dispute arises among the parties with respect to any of the terms of this Deed the same shall be settled through ttie Arbitration by sole arbitrator appointed by I l consent of the bottr party under the Arbitration & Conciliation Act 1996 and as amended from time to time. The party who wants to invoke the fubitration it should give Notice of the same to the ottrer party and other party shall give reply within 30 days of receipt of the Notice otherwise it will be treated as waiver ofits right of objection and also construed that it has agreed for the appointment of such Arbitrator. " 4. The dispute has arisen between the parties. Therefore, the applicant sent legal notice dated 03. O4. 2023 to the respondent. Reply was filed on behalf of the respondent on 06. 04. 2023. 5.
Learned counsel for the pafties joinfly submit that the dispute has arisen between the parties which requires the resolution in the manner agreed to by them. It is therefore submitted that a former Judge of this Court be appointed as sole arbitrator to adjudicate the dispute between the parties. 6. In view of a-foresaid consensus arrived at between learned counsel for the parties and taking into account the fact that the l,ease Deed d'atd, 23. 06. 2022 contains arr arbitration clause, Mr. Justice G. Bhavani Prasad, a former Judge of this Court (Resident of Vil1a No. 41, Empire Insignia, behind Ara Maisamma Temple (Kalamandir), Peerancheru, Bandlaguda Jagir, Hyderabad Mobile No. 944O627425) is appointed as sole arbitrator I to adjudicate the dispute between the parties. The parties undertake to appear before the sole arbitrator along with a copy of this order. Thereupon, the sole arbitrator sha_ll proceed with the arbitral proceedings in accordance with law 7.
Accordingly, the Arbitration Application 1S allowed. No costs. As a sequel, miscellaleous petitions, pending if any, stand closed. Sd/. M. VIJAYA BHASKER JOINT REGISTRAR /TTRUE COPY'/ sEcr:\ oFFrcER To, of Telanqana High Court 1. Mr. Justice G. Bhavani Prasad' a former Judge oe6ina Ara Mdisamma Temple (resident of Villa No 'ir','E"tiiii"-rt"'-ilnia' Mobile No' p"",rni3ni"'E'"""0i'i6! 9;. Lagi'' u'a"rabad' iKalamandi0, and d copv of affidavit sp""i"'i';i"Jt"nl"il lalong-with s440621425) tav material PaPers) 2. One CC to Mr Bharath Reddy Bommineni' Advocate-[OPUC] Advocate [oPUC] 5. 5;; 6d io rtri v"nrat iiisao'urtalam' 4. Two CD CoPies Njb/gh YV HIGH COURT DATED:1111212024 -. ,ra/( o ORDER z ; iit[ 2024 z ]l ARBAPPL. No. 225 of 2024 * (- \,1 '\-l: l- 3tn rct\ \-: ALLOWNG THE ARBITRATION APPLICATION WITHOUT COSTS tof+ w_ ffiilY
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