THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Arbitration Application No.71 of 2011 ORDER This application has been taken out under sub- Section 5 of Section 11 of the Arbitration and Conciliation Act, 1996 and Scheme for Appointment of Arbitrators seeking appointment of an arbitrator for resolution of the disputes between the parties relatable to Lease Agreement dated 9-5-2008. The respondent is the owner of the premises comprising 1013 square feet carpet area on the first floor of property bearing Door No.1-9-1/1 E/6, Rythu Bazar, Medak. The applicant took the premises on lease under Lease Agreement dated 9-5-2008. The period of lease is nine years with 15% increase in rent after completion of each three years period on the preceding rental. The applicant by notice dated 15-4-2010 terminated the Lease Agreement and demanded for return of retention money of Rs.85,092/-, electricity deposit of Rs.20,000/- and civil reimbursement of Rs.37,400/- towards. The respondent disputed her liability to repay the amount. Thereby, disputes arose between the parties relatable to Lease Agreement dated 9-5-2008. The respondent got issued reply legal notice dated 7-10-2010 disputing the demands of the applicant and invoking the arbitration clause in the Lease Agreement and nominated Sri M.A.Basith, retired Junior Civil Judge, as an arbitrator for resolution of the disputes relatable to Lease Agreement dated 9-5-2008. The applicant vide notice dated 10-11-2010 refused to give consent to the name proposed by the respondent and instead proposed the name of Mr.Khaja Ubaid Ali Saberi, a retired Junior Civil Judge of Siddipet, Medak District as an arbitrator. There being no consensus between the parties with regard to the name of the arbitrator, the applicant approached this Court by invoking sub-Section 5 of Section 11 of the Arbitration and Conciliation Act, 1996. Notice to the respondent came to be ordered on 26.8.011. The respondent entered appearance and filed counter. Heard the learned counsel appearing for the parties. Both the learned counsel appearing for the parties do not contradict that the disputes are required to be resolved by an arbitrator as per the terms of lease agreement dated 9.5.2008. In deed, both the parties relying upon the arbitration clause nominated their respective arbitrators on their behalf. As there being no uniformity with regard to the name of the arbitrator, the applicant has filed this application. In that view of the matter, I find that the applicant has made out a valid ground for appointment of an arbitrator for resolution of the disputes between the parties relatable to Lease Agreement dated 9-5-2008. Accordingly, the Arbitration Application is allowed. Sri V.V.Raghavan, (No.302, Legends Residency, Street No.2, Shantinagar, Masab Tank, Hyderabad-28) a retired District Judge is appointed as an Arbitrator for resolution of the disputes between the parties relatable to Lease Agreement dated 9-5-2008. He is at liberty to fix his own fee. ___________________________ B.SESHASAYANA REDDY,J rkk Dated: 28-11-2011