N.PRABHAKAR REDDY Vs. MEENAKSHI INFRASTRUCTURE PVT. LTD.

JUDGEMENT

(1.) By way of this application filed under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996 (for short, 'the Act'), the applicants seek appointment of an Arbitrator for resolution of disputes arising under the development agreement-cum-general power of attorney (GPA), dated 05.12.2005, entered into by and between them.

(2.) The case of the applicants is that they have entered into development agreement with the 1st respondent on 05.12.2005 with regard to subject lands mentioned in the arbitration application and during the course of execution of the contract, there arose disputes. To settle the issues, the applicants issued notices on 26.09.2014 and 19.01.2015, for appointment of arbitrator, but the respondents failed to respond the same. Since, Clause No.23 of the Agreement provides for arbitration and as there is no response from the respondents, the present application is filed for appointment of an arbitrator.

(3.) In the counter-affidavit filed by the 1st respondent, it is averred that applicants have filed Arb.O.P.No.652 of 2015 under Section 9 of the Act before the XIII Additional District Judge, R.R. District, and denied all the allegations made in the arbitration application.