M/s. Akash Builders v. Kalva Nischal Kumar
Court: High Court for State of Telangana
Bench: P.SAM KOSHY
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2026-04-16. M/s. Akash Builders v. Kalva Nischal Kumar. Read the judgment and case details on LawSphereX.
Judgment text
3378 [ I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE P. SAM KOSHY ARBITRATION APPLICATTON NO: 319 OF 2024 Between M/s. Akash Builders, A proprietary concern, presently at Plot No'21, Behind Royal of Enfield Show Room,' Somajiglda, Raj BhavanRao, Hyderabad, ^State S/o. Sri. RasiklalSanshavi, i;i;ild il"p. ov iti eropriet6r Sri. KeianSanghvi, No'84, P and T Colony' Opp' Aged 56 years, O"". Business, R/o' Plot Telangana S6cunderabad Club, Secunderabad, State of .. APPLICANT AND Kalva Nischal Kumar, s/o. Kalva Ashok Kumar, Aged 47 years, occ' B]siness, 'suryamahal, state of Mozamjahi Market, Hyderabad,. R/o. H. No. 5-3-8+g, - Plot ManikantaNilayam, Krishnapuri Tltangana. AND ALSO nlStOtlrtC AT il1o. 15, state of Telangana. colon-y, west Marredpally, secunderabad, ...
RESPONDENT of Arbitration Under section 11 (5) & 11(6) (a) the Arbitration Application filed and conciliation Act, 1996 Praying that in the circumstances stated in accompanying affidavit this Hon'ble Court may be pleased: (i) To appoint a Sole Arbitrator to adjudicate the claims and to settle the disputes between the parties in terms of clause (32) of the Reg. Development Agreement- bearing Document cum-General Power of Attorney dated 19-02-2007 No. 3635/2007, ii j tl i, :i i t * E (ii) Allow the application in favour of the Applicant and against the Respondent on costs; Counsel for ttre Applicant : Sri. Naresh Bandi counsel for thre Respondents : Mr. M. Karthika representing Sri. D Raghavendar Rao The Court marle the foilowing: a , i f I I : IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE P. SAM KOSHY ARBITRATION APPLICATION No. 3l9 of 2024 DATE: 16. 04. 2026 Between: M/s. Akash Builclers. ... Applicant AND Kalva Nischal Kumar.
Respondent ORDER: For a last more than couple of hearings, there is no representation on behalf of the applicant in spite of the matter being repeatedly called 'lloday on every date of hearing. also even after the matter being listed under the caption 'For Dismissal', there is no representation on behalf of the applicant. '\. 2. Mr. M. Karthik, learned counsel appearing on behalf of Mr. D. Raghavendar Rao, learned counsel for the respondent submits that the applicant has already approached the Civil Court at Medchal District by Page2 of2 filing O. S. No. l0l of 2017 where the applicant moved a petition under Section 8 of the Arbitration and Conciliation Act, 1996 read with Section l5l of C. l?. C. praying the Civil Court to refer the matter to arbitration. The said petition was subsequently withdrawn and later a petition was filed under order VII Rule I t of C. P. C.
which stood allowed and the suit stood disn,issed, against which the respondent has preferred a First Appeal which is at S. R. stage. 3. [n view of the above, tlre only inference that can be drawn atthis juncture keeping in view the proceedings that the applicant is pursuing before the Civil Court is that the applicant is not keen in pursuing the instant Arbitration Application. Accordingly,, thc instant Arbitration Applicatiorr stands dismissed for want of prosecution. 4. As a sequel, miscellaneous petitions pending if any, shall stand closllf:r:r:l there shall be no order as to costs. . , '". r Sd/. B. SATYAVATHI JOINT REGISTRAR //TRUE COPYII SECTION OFFICER To, 1. One CC to Sri. Naresh Bandi, Advocate tOpUCI 2. One CC to Mr. D Raghavendar Rao, Advocate [OPUC] 3. Two CD Copies DT-TBA HIGH COURT DATED: 1610412026 lHE ( ORDER 'i) 22 A ARBAPPL. No. 319 ot 2024 * * ARBITRATION APPLICATION DISMISSED FORWANT OF PROSECUTION a\,/b \-\ a)
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