Authority: High Court for the State of Telangana at Hyderabad
Order Date: 10 July 2026
Case Overview
- Applicants: Safe Super Speciality Hospitals and two others (lessees)
- Respondents: Syed Amer Mohiuddin and another (lessors)
- Lease Deed dated 18 August 2021 for premises at Medak, containing Arbitration Agreement in Clause 16.
- Dispute arose over alleged non‑payment of rent arrears of Rs 60 lakhs; respondents issued a legal notice on 1 August 2024 demanding payment and vacating the premises.
- Applicants claim they did not receive the notice and contend the notice is unsigned and lacks proof of service.
- Applicants sent a notice invoking arbitration on 26 May 2025, which was delivered to respondents; respondents replied on 24 June 2025, acknowledging breach of lease but stating no dispute over lease terms.
- Respondents objected to appointment of arbitrator, arguing the arbitration agreement terminated in 2024 due to rent default and that no live dispute existed.
Court Reasoning
- Court held that respondents themselves raised the rent arrears issue in their 1 August 2024 notice and demanded cancellation of the lease, indicating a live dispute.
- Respondents’ 24 June 2025 reply admits breach of lease and refers to the subsisting lease, contradicting their claim of no dispute.
- Applicants also allege that respondents failed to complete construction and essential works, delaying hospital setup, and that applicants have invested approximately Rs 1,12,81,556/- crores.
- Court concluded that a live dispute exists as of the arbitration notice date and that the arbitration agreement in Clause 16 is subsisting, warranting appointment of an arbitrator.
Final Outcome
- Arbitration Application No. 129 of 2025 is disposed of by appointing S. Veda Vidyanatha Reddy, Retired District Judge, as the sole arbitrator.
- Parties must appear before the arbitrator on 20 July 2026 at 11:00 A.M. with a copy of the order.
- The arbitrator will conduct proceedings in accordance with law; parties may raise all contentious issues.
- Arbitrator’s fee and other terms to be settled by the parties in consultation with the arbitrator.
Topics: Arbitration, Lease Dispute