THE HON’BLE Ms. JUSTICE G.ROHINI Arbitration Application No. 143 of 2010 Date: 07.02.2011 Between: Flytech Aviation Limited, Hyderabad. …Petitioner And The Chairman, Airports Authority of India, New Delhi. …Respondent THE HON’BLE Ms. JUSTICE G.ROHINI Arbitration Application No. 143 of 2010 O R D E R: This application is filed under Sections 11(5) and 11(6) of Arbitration and Conciliation Act, 1996 seeking appointment of sole arbitrator to resolve the issues/disputes between the petitioner and the respondent. It is stated that the applicant company was granted a licence by the respondent-Airports Authority of India for running the Aviation Training Institute at Nadargul Airfield. It is the case of the applicant that on expiry of the first three year period, the license has been renewed for a further period and the monthly license fees is being paid regularly. However, alleging that the license had not been renewed, the respondent herein initiated eviction proceedings were initiated under the provisions of the Public Premises (Eviction of Un-authorized Occupants) Act, 1971 (for short ‘the Act’) and by order dated 28.04.2006, eviction was ordered by the Estate Officer. Against the said order, the applicant preferred C.M.A.Nos.111 and 112 of 2006 on the file of the Court of the Principal District Judge, Ranga Reddy District. The said appeals were dismissed by a common order dated 12.06.2009 and even the writ petition being W.P.No.13658 of 2009 filed by the applicant was dismissed by this Court by order dated 10.07.2009 granting five months time to vacate the premises in question. In the meanwhile, the Estate Officer issued a show cause notice dated 08.07.2009 under Section 7(3) of the Act calling upon to show-cause as to why the applicant should not be required to pay the damages together with interest for unauthorized occupation of the premises in question after the expiry of the lease period due to efflux of time. The applicant submitted its explanation dated 24.07.2009 making it clear that it was without prejudice to its right to seek reference of the dispute to an arbitrator or any other legal remedy. Since there was no response from the Estate Officer, the applicant requested the respondent to agree for arbitration of the issue and suggested the names of three retired Judges of this Court. In response, the respondent nominated Justice Sri N.Sanjeev Reddy, a retired Judge of this Court as a Conciliator to amicably settle the dispute between the parties under the provisions of the Arbitration and Conciliation Act, 1996. The applicant agreed for the same and accordingly a report was submitted by the learned Conciliator in February, 2010. However, the respondent by letter dated 20.08.2010 informed the applicant that the proposal as well as the findings of the Conciliator were not acceptable to it. Hence, the present application for appointment of a sole arbitrator in terms of clause 4 of the agreement dated 28.02.1996 to resolve the issue of quantification of the rent. In the counter affidavit filed on behalf of the respondent, though various issues have been canvassed, the request of the applicant for appointment of an arbitrator to resolve the dispute has been conceded and the learned counsel appearing for the respondent suggested that it would be appropriate to appoint a panel of judges for arbitration. Having regard to the facts and circumstances noticed above and keeping in view that the respondent is also agreeing for resolution of the dispute between the applicant and the respondent by referring for arbitration, I deem it appropriate to appoint Justice Sri P. Ramakrishnam Raju and Justice Sri T.Ch. Surya Rao, former Judges of this Court as Arbitrators to resolve the dispute between the applicant and the respondents with regard to quantification of the rent relating to the property in question. It is open to the learned Arbitrators to fix their fee and the further proceedings shall be taken following due process of law. Arbitration Application is accordingly allowed. No costs. ____________ G.ROHINI,J Date : 07.02.2011 KLP