S. SQUARE INFRA Vs. GARNENI CHALAPATHI RAO

JUDGEMENT

(1.) M/s. 'S.SQUARE INFRA' Company with Registration No.Sl.No.4879/2017, filed this Transfer Civil Miscellaneous Petition for transfer of Arbitration O.P.No.2 of 2022 from the file of VII Additional District Judge, Sangareddy to Principal District Judge, City Civil Court at Hyderabad.

(2.) The Managing Partner of S.SQUARE INFRA filed an affidavit stating that Respondents 1 and 2 filed a petition under Sec. 9 of the Arbitration and Conciliation Act, 1996, vide Arbitration O.P.No.2 of 2022 before the Principal District Judge at Sangareddy and then it was made over to VII Additional District Judge, Sangareddy. As the said post fell vacant, it is allotted to V Additional District Judge-cum-SC/ST Court. Respondent Nos.1 and 2 filed a petition under Sec. 9 of the Arbitration and Conciliation Act, 1996, requesting the Court to grant injunction restraining the respondents 3 to 7 from transferring or alienating or creating any third party interest in the schedule properties to an extent of 16.66% share each belonging to the respondents 1 and 2 who are the partners of petitioner firm.

(3.) Learned counsel for the petitioner stated that he recieved a legal notice on 5/3/2021 issued by the Respondents nominating Sri V.V.Raghavan, Chief Judge (Retired), City Civil Court, Hyderabad, who is residing at Masab Tank, Hyderabad, as an Arbitrator on their behalf so that both of them can appoint the said Arbitrator for resolving the disputes between both the parties. As they nominated the Arbitrator residing at Hyderabad, they have agreed the seat of arbitration at Hyderabad. As such, they cannot change the jurisdiction once again and he also relied upon the citation reported in INDUS MOBILE DISTRIBUTION PRIVATE LIMITED Vs. DATAWIND INNNOVATIONS PRIVATE LIMITED and ORS., 2017 Law Suit (SC) 421 wherein, at para 20, it was held as follows:-