Telangana High Court
Kopparapu Venkata Subba Rao vs M/S. Shriram City Union Finance Limited on 28 December, 2021
Author: P.Naveen Rao
Bench: P.Naveen Rao, P.Sree Sudha
HONOURABLE SRI JUSTICE P.NAVEEN RAO
&
HONOURABLE SMT JUSTICE P.SREE SUDHA
CIVIL REVISION PETITION NO.2050 OF 2021
Date: 28.12.2021
Between:
Kopparapu Venkata Subba Rao,
S/o. Subbaiah, Aged 44 years,
Occu: Business, r/o.H.No.14-127,
Shastri Road, Paloncha,
Bhadradri Kothagudem district.
..... Petitioner/petitioner/
Respondent no.1
and
M/s.Shriram City Union Finance Ltd.,
Branch Office at Kothagudem,
Opp. Ganesh Temple, Kothagudem,
Bhadradri Kothagudem district,
Rep.by its Branch Manager
and others.
.....Respondent/Respondent/
Petitioner
he Court made the following:
PNR,J & PSS,J
CRP No.2050 of 2021
2
HONOURABLE SRI JUSTICE P.NAVEEN RAO
&
HONOURABLE SMT JUSTICE P.SREE SUDHA
CIVIL REVISION PETITION NO.2050 OF 2021
ORDER:(per Hon'ble Sri Justice P.Naveen Rao) Heard Mr. M.Srinivasa Rao learned counsel for the petitioner and Mr. N.Srikanth Goud learned counsel for respondent no.1.
2. In the Arbitration Case No.326 of 2015, the Arbitral Tribunal passed award on 23.10.2015 holding that petitioner herein is liable to pay an amount of 59,68,654/- together with interest @ 10% per annum for the period covered by pendency of the claim proceedings i.e., from 27.08.2015, till that day with future interest @ 18% per annum on the principal amount. Seeking to enforce the said award, Execution Petition No.78 of 2017 was filed. On 25.03.2021 orders were pronounced in the said E.P., and direction was issued to issue warrant of attachment to attach E.P. schedule property. While so, petitioner filed Arbitration O.P.No.13 of 2021 in the Court of II Additional District Judge, Warangal and in the said Arbitration O.P., I.A.No.634 of 2021 is also filed on 09.11.2021 praying to stay all further proceedings pertaining to the Arbitration Case No.326 of 2015 on the file of Sole Arbitrator till the disposal of the main O.P. Alleging that said I.A.No.634 of 2021 is not taken up for consideration by the Court below, petitioner filed this Revision Petition praying to direct the Court below to early hearing and disposal.
3. It is seen from the material on record that Arbitration O.P.No.13 of 2021 and I.A.No.634 of 2021 were filed only recently.
PNR,J & PSS,J CRP No.2050 of 2021 3
4. Court also called for the data as available from the National Judicial Data Grid about the status of the case. From the data produced, it is seen that on 09.12.2021 notice was issued on the respondents with direction to list the case on 28.12.2021 for filing counter. Thus, after issuance of notice and even before next date of hearing the case, this Revision Petition is filed alleging as if the trial Court is not disposing of the I.A.No.634 of 2021 and kept the same for consideration for long time.
5. Since I.A.No.634 of 2021 was filed on 09.11.2021, was taken up for consideration for the first time by the Court below on 09.12.2021, issuing notice and giving date for filing counter on 28.12.2021 and the matter concerns award passed by the Arbitrator on 23.10.2015, it cannot be said that Court below is not taking up the matter expeditiously and adjourning the matter again and again warranting institution of this Revision complaining against the lower Court. We see no merit in the submissions made by the learned counsel for the petitioner. Civil Revision Petition is dismissed with liberty to the petitioner to prosecute the pending Arbitration O.P. and I.A. Pending miscellaneous petitions if any shall stand closed.
__________________________ JUSTICE P.NAVEEN RAO ___________________________ JUSTICE P.SREE SUDHA Date: 28.12.2021 Kkm PNR,J & PSS,J CRP No.2050 of 2021 4 HONOURABLE SRI JUSTICE P.NAVEEN RAO & HONOURABLE SMT JUSTICE P.SREE SUDHA CIVIL REVISION PETITION NO.2050 OF 2021 Date: 28.12.2021 kkm