122021 Betwee n: AND It//S Adhija Technocrats (P) ltd, 204, Satya Sai Apartments, Srinavas Nagar, Colony (East) Ameerpet, Hyderabad rep by its Managing Director, lV.V.Koteswar Rao S/o Late Sri M.V. Subba Rao, aged 59 years, Resident of Flat No.1308, Block No.6, My Home Avatar Apartments, Avatar Junction, Narsingi, Hyderabad-500089 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI CHIEF JUSTICE UJJAL BHUYAN l.A.No.1 of 2022 tn ...PETITIONER/PETITIONER the the ...RESPONDENT/RESPONDENT Petition under Section 32 of Arbitration and Conciliation Act 1996 R/w '1 51 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to appoint any former judge of High Court as substitute Arbitrator in place of Late Hon'ble Arbitration Justice A, Gopal Rao, Judge, High Court at Hyderabad in the interest of justice. The application coming on for hearing, upon perusing the application and affidavit filed in support thereof and upon hearing the arguments of M/s. Keerthi Arun Kumra for M/s. Keerthi Prabhakar, Advocate for the Petitioner and of Sri S.V.S. Chowdary, Advocate for the Respondent. M/s Nagarjuna Construction Company Ltd., 41 , Nagarjuna Hills, Punjagutta, Hyderabad rep by the Managing Director. The Court made the following: ORDER "Heard Mr. Keerthi Arun Kumar, learned counsel for applicant and Mr. S.V.S.Chowdary, learned counsel for respond ent. ARBITRATION APPLICATION NO: 25 OF 2011 I This interkrr:utory application has been filed seeking a direction from the Court to appoint any former judge of this Court as substitr-rte arbitrator in place of Sri Justice A. Gopal Rao, a lormer juclee ol this Court, who has expired. The relatcd application was filed by the applicant under Section 1 1 (6) ol tire Arbitration and Conciliation Act, 1996 for appointment of arbitrator to arbitrate on the dispute between the parties. However. on 15.06.2011 Court was inlormed that the parties had mutnally appointed Sri Justice A. Gopal Rao, a retired .judge ol tl'ris Court as the sole arbitrator. In view of the above the arbitration application was dismissed as redundant. 11 years theleafter the present interlocutory application has been filed. In paragraph No.3 (sic) a wrong statement has been made that the High Court by its order dated 15.06.2011 was pleased to appoinl Sri .Justice A. Gopal Rao, a retired judge of this Court as the sole arbitrator, urhen from a perusal of the order dated 15.06.20 1 1, it is evident that parties had mutually appointed Sri Justice A. Gopal Rao, as the sole arbitrator because of which the arbitration application was dismissed as redundant. In paragraph No.4 of the supporting affidavit it is stated that the soie arbitrator had commenced arbitral proceedings where after both the parties had submitted their respective claims and counter claims. Because of several adjournments arbitral proceedings could not be concluded. There was a proposal for an amicable settlement but, the same did not materialize. In the meanwhile sole arbitrator passed away on 13.Ol.2O2O. Applicant aiso suffered several health issues becausc of r.r,hich he could not approach his advocate. O r-rl-y in the month of February,2022 he could approach his advocate. This is how arbitral proceedings spanning more thzrn a decade has been explained by the applicant. I am alraid such bald and vague statements can be accepted. When the arbitral proceedings commenced, the dates of adjournments, at what stage of the proceeding learned arbitrator expired, nothing has bcen stated. In any view of the matter, when the related arbitration application was dismissed as redundant as far back on 15.06.2011, question of passing any order substituting sole arbitrator does not arise. This interlocutory application is accordingly dismissed with cost of Rs.5,O00.00 to be paid by the applicant to the Telangana State Legal Services Authority, Hyderabad, within 30 days from today. SD/-B.S.CHIRANJEE JOINT REGIST R ,TRUE COPY' SECTION OFFICER To, '1 . The Member-Secretary, Telangana State Legal Services Authority, Hyderabad. 2. One CC to M/s. Keerthi Prabhakar, Advocate [OPUC] 3. One CC to Sri S. V. S. Chowdary, Advocate [OPUC] 4. Two CD Copies 5. One Spare Copy gbr \ \" HIGH COURT DATED:2210412022 ORDER l.A.No.1 of 2022 in ARB.APPL.No.25 of 2011 DISMISSING THE APPLICATION WITH COSTS 91ATE ( 4'r I tt $Et 1ti]L \-i9 //.o a -9<.,)f - \*'