Telangana High Court
Shv Energy Pvt. Ltd. vs Svn Aerosols on 19 September, 2025
THE HON'BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH
ARBITRATION APPLICATION No.3 of 2025
ORDER:
Heard Mr.Ch.Pushyam Kiran, learned counsel for the applicant.
2. By order dated 22.08.2025, this Court proposed to appoint Sri D.Shaam Mohan Rao, a retired District Judge as an independent Arbitrator to adjudicate the dispute between the parties. The order dated 22.08.2025 is extracted hereunder for easy reference:
"Mr. Ch. Pushyam Kiran, learned counsel for the applicant. The respondent despite service of notice and time granted on the previous date has not entered appearance.
In terms of clause 6(r) of the Agreement dated 23.12.2020 for providing Lot and Manifold for supply of LPG, notice invoking arbitration clause has been served upon the respondent on 11.07.2024 in respect of a dispute arising between the parties. The respondent has not replied to the said notice. Therefore, the applicant has approached this Court in the present application for appointment of an independent arbitrator under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996.
Learned counsel for the applicant submits that the ingredients for appointment of an independent arbitrator have been duly satisfied. Therefore, this Court may appoint an independent arbitrator to adjudicate the dispute between the parties. 2 On hearing the learned counsel for the applicant and after taking note that the parties are under an agreement dated 23.12.2020 for providing lot and manifold for supply of LPG, which contains an arbitration clause, and that the respondent has failed to reply to the notice invoking arbitration clause dated 11.07.2024 in respect of the dispute between the parties and on being satisfied that the ingredients for invocation of the jurisdiction of this Court are satisfied, I hereby propose to appoint Sri D. Shamm Mohan Rao, a retired District Judge (resident of Flat No.204, Saatakshi Avenue, Street No.4, Karthikeya Nagar, Nacharam, Hyderabad-500076), as an independent arbitrator to adjudicate the dispute between the parties. The proposed Arbitrator is requested to submit his consent and a declaration in terms of Section 12(1) read with Schedule VI of the Arbitration and Conciliation Act, 1996.
Registry is directed to communicate this order to the proposed Arbitrator.
The matter be listed after two weeks with the response, if any, of the proposed Arbitrator."
3. The proposed Arbitrator has submitted his consent along with a declaration under Section 12(1) read with Schedule VI of the Arbitration and Conciliation Act, 1996 by letter dated 30.08.2025.
4. Learned counsel for the applicant, therefore, submits that appointment of the proposed Arbitrator may be confirmed.
3
5. In that view of the matter, I hereby appoint Sri D.Shaam Mohan Rao, retired District Judge (resident of Flat No.301, P.N. Residency, Street No.2, Opp.Sandeepam School, Tarnaka, Secunderabad, Mobile No.94944 10580), to act as an independent Arbitrator in respect of the dispute between the parties.
6. Registry is directed to serve a xerox copy of the entire pleadings to the learned Arbitrator. The learned Arbitrator is requested to keep in mind the fee prescribed in Schedule IV of the Act and the time limit prescribed under Section 29A of the Act.
7. The Arbitration Application is, accordingly, disposed of.
Miscellaneous applications pending, if any, shall stand closed.
__________________________________ APARESH KUMAR SINGH, CJ Date: 19.09.2025 KL