HON’BLE SRI JUSTICE N.V. RAMANA ARBITRATION APPLICATION No.40 of 2009 DATED: 12.11.2009 Between: Newstoday (P) Ltd. .. Petitioner And P.M.R. Chandrasekhar and two others .. Respondents O R D E R:- The applicant namely, M/s.Newstoday (P) Ltd., represented by its authorized signatory, has filed this application under Section 11(6) of the Arbitration and Conciliation Act, 1996, praying to appoint a sole Arbitrator for the purpose of adjudicating the disputes that have arisen out of the contract between them and the respondents. On 28.07.2009, this Court permitted the counsel for the applicant to take out notice to the respondents by R.P.A.D. and file proof of service. On 20.08.2009, when the matter was taken up, Sri. K.Venkateswara Rao, learned counsel appeared for respondent No.2., while the counsel for the applicant sought time to file memo of proof of service on respondent Nos.1 and 3. Accordingly, he filed Memo indicating that respondent No.1 is served and respondent No.3 is not served. As respondent No.3 was not served, this Court, by order 13.10.2009, ordered substituted service of notice by way of paper publication. Accordingly, he took out substitute service of notice by way of paper of publication. Though notice is served on all the respondents and though respondent No.2 is represented by a counsel, but when the matter is called none appears on his behalf. The learned counsel for the applicant submits that in similar connected matter in A.A. No.6 of 2008, this Court, by order dated 29.01.2009, appointed an Arbitrator, and hence, he prayed that in this application also, an Arbitrator be appointed. As in spite of service of notice, none appears for the respondents and considering the fact that in connected matter in A.A. No.6 of 2008, this Court appointed a sole Arbitrator, for adjudication of the disputes between the applicant and the respondents therein, I feel it appropriate to allow this application also by and in terms of the orders passed in the said application. Hence, following the orders passed in A.A. No.6 of 2008, this application is allowed with the following directions: Sri Justice P.L.N. Sharma, a former Judge of this Court, at H.No.1-1-648/2/A, Gandhinagar, Opposite to Government of India Wireless Station, Hyderabad – 80, is appointed as sole Arbitrator for resolution of the disputes between the applicant and the respondents which have arisen out of the work orders awarded to the applicant under the tender schedules. The respondents are directed to refer the disputes raised by the applicant for adjudication to the sole Arbitrator. The parties are at liberty to raise all the grounds/objections before the Arbitrator which they are entitled to raise. The Arbitrator is at liberty to fix his fee. ______________ N.V. RAMANA, J 12.11.2009 bcj