LAWS(TLNG)-2021-7-51

KUNCHAM VENKAT REDDY Vs. M. L. V. SATYANARAYANA

Decided On July 01, 2021
Kuncham Venkat Reddy Appellant
V/S
M. L. V. Satyanarayana Respondents

JUDGEMENT

(1.) The present application has been moved by the applicant under Section 11 (5) & (6) of the Arbitration and Conciliation Act (for short, ' the Act ') praying inter alia for appointing a Sole Arbitrator to adjudicate the disputes between the parties.

(2.) Mr. Prabhakar Sripada, learned counsel appearing for the applicant refers to the Agreement dated 21.12.2017 executed by the parties and states that there is an arbitration Clause No.19 in the said Agreement whereunder, the parties had agreed that any dispute arising out of the Agreement would be referred to arbitration. He states that the said clause contemplates that the parties can approach the apex bodies "Telugu Film Producers Council" and "Telugu Film Directors Association, Hyderabad" for appointment of an Arbitrator and the respondent did write to the said bodies for appointment of an Arbitrator, but they had refused to act on his request. In view of the above, the applicant has moved the present application for appointment of a Sole Arbitrator.

(3.) A counter affidavit in opposition to the present application has been filed by the respondent, who has taken a preliminary objection on the maintainability of the present petition.