VEERABOINA YADAIAH Vs. RAMAKANTH DANDE

JUDGEMENT

(1.) Heard Mr. Mohammed Abdul Kalam, learned counsel for the applicants and Mr. D.V.Sudhir Kumar, learned counsel for the respondents.

(2.) This arbitration application has been filed under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (briefly, 'the 1996 Act' hereinafter) for appointment of arbitrator.

(3.) It appears that applicants and respondents are landlord and tenant. In this connection, a lease deed was entered into between the parties on 6/12/2018. Clause 25 of the lease deed provides for dispute resolution. It says that any dispute between the parties in relation to or incidentally connected to any term, performance, non-performance, interpretation, termination and validity either during the subsistence or expiiy of the terms of the lease or early determination, shall be exclusively referred for a decision to a common arbitrator to be mutually agreed upon. If a mutual decision is not possible, the same shall be appointed in terms of the 1996 Act with venue of arbitration being Hyderabad and the Courts of Hyderabad alone having jurisdiction to adjudicate all disputes.