PUSHPA BAI Vs. LEGEND ESTATES PRIVATE LIMITED
LAWS(APH)-2019-3-108
HIGH COURT OF ANDHRA PRADESH
Decided on March 25,2019

PUSHPA BAI Appellant
VERSUS
Legend Estates Private Limited Respondents

JUDGEMENT

Sanjay Kumar, J. - (1.)By way of this application filed under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996 (for brevity, 'the Act of 1996'), Smt.Pushpa Bai, Hyderabad, seeks appointment of a sole Arbitrator to decide her claim for a sum of approximately Rs.1,31,91,135/- raised against M/s.Legend Estates Private Limited, Hyderabad, the respondent company.
(2.)The applicant claims to be the absolute owner of the property admeasuring 2838 square yards in the premises bearing House Nos.8-2-316/A and 8-2-317/A, situated at Road No.14, Banjara Hills, Hyderabad. She entered into a registered Development Agreement-cumGeneral Power of Attorney on 06.08.2013, bearing Document No.1667 of 2013, with the respondent company. Disputes having arisen in relation to and under this document, she got addressed legal notice dated 02.01.2017 to the respondent company invoking the arbitration agreement under Clause 15 thereof and nominating a retired Judge as the sole Arbitrator to decide her claim against the respondent company. She called upon the respondent company to inform its consent to such appointment. It is her case that despite service of the aforestated arbitration notice, the respondent company did not choose to reply. Hence, this application.
(3.)Notice having been ordered, Sri Avinash Desai, learned counsel, entered appearance for the respondent company.
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