IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THURSDAY ,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO

PRESENT

THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

I.A. NO. 1 OF 2022

IN ARBITRATION APPLICATION NO: 187 OF 2021

Between:

Mr. B. Sadanand S/o. Late Mr. B. Venkateshwam, aged about 59 years, R/o. Flat No. 304, Gamma, Jaybheri Silicon County, Hitech City Road, Kothaguda, Hyderabad - 500084

.. Petitioner / Respondent

AND

M/s. OSI Digital Private Limited, Having its registered office at Plot No.37, L and T Infocity Lane, Hi-Tech City, Phase - II, Madhapur, Hyderabad Rep by its Director - IT and Admin, Mr. Sateesh Gummadi

.. Respondent / Petitioner

Application under Order 9 Rule 13 R/w. Section 151 of CPC and Para- 6 of the Scheme for appointment of arbitrators, 2006 praying that in the circumstances stated in the affidavit filed in support of the application, the High Court may be pleased to set aside its order dated 22-06-2022 and permit the petitioner to file his counter in Arbitration Application No 187 of 2021.

Counsel for the Petitioner: SRI M. S. SRINIVASA IYENGAR

Counsel for the Respondent: SRI. POLKAMPALLY PAVAN KUMAR RAO

The Court made the following: ORDER

Heard and perused the record.

Mr. M.S. Srinivasa Iyengar, learned counsel for the petitioner in this application, submitted that the subject agreement dated 21.11.2022 is made on stamp paper of Rs.100/, which is insufficiently stamped. Though the petitioner does not have any objection for appointment of Arbitrator, liberty may be granted to the petitioner to

raise legal grounds as to the insufficiency of stamp duty and enforceability of the agreement dated 21.11.2022.

Learned counsel for the respondent-applicant submits that observations, if any made by this Court may prejudice the arbitration proceedings.

In the facts and circumstances, the order dated 22.06.2022 in Arbitration Application No.187 of 2021 is modified giving liberty to the applicant herein to raise grounds with regard to insufficiency of stamp duty and enforceability of agreement dated 21.11.2022. The learned Arbitrator shall frame separate issue in that regard, if required and pass orders/award without being influenced by any observations made in this order.

//TRUE COPY//

SECTION OFFICER

SD/-B.S.CHINRANJEEVI JOINT REGISTRAR

To,

• Sri R. Damodar, Retired District Judge, R/o. Flat No. 204, MNR Sreepadam, H.No. 11-13/1/2/1/A, Plot No. 1 Block No. 13, Alkapuri Colony, Saroor Nagar, Hyderabad – 500 035
• 2. One CC to Sri Polkampally Pavan Kumar Rao, Advocate [OPUC]
• 3. One CC to Sri M. S. Srinivasa Iyengar, Advocate [OPUC]
• 4. Two CD Copies

Kul

gbr

PMG

HIGH COURT

DATED:03/11/2022

ORDER

I.A. No. 1 of 2022 In

ARB.APPL.No.187 of 2021

5/12

ORDERING THE I.A. NO. 1 OF 2022