M/S.Lic Employees Mutually Aided Cooperative House Building Society Limited v. M/S.Siri Sampada Constructions

HIGH COURT FOR THE STATE OF TELANGANA MAIN CASE No:

Arb.Appl.No.31 of 2020 PROCEEDING SHEET Sl.

No.

Date

ORDER

OFFICE NOTE 8.

14.10.2022 HCJ I.A.Nos.1 and 2 of 2021 Transferred to i/o folder, before corrections, if any.

and Review I.A.No.4 of 2021 Heard Mr. M.V.S.Prasad, learned counsel for the applicant herein; Mr. Y.Chandra Sekhar, learned counsel for respondent No.1; Mr. Srinivas Velagapudi, learned counsel for respondent No.2; and Mr. Hari Sreedhar, learned counsel for respondent No.3 in these interlocutory applications.

I.A.No.1 of 2021 has been filed seeking leave to file Review I.A.No.4 of 2021 by impleading the applicant as party respondent in Arb.Appl.No.31of 2020.

I.A.No.2 of 2021 has been filed seeking to dispense with filing of certified copy of the order dated 22.12.2020 in Arb.Appl.No.31 of 2020.

Review I.A.No.4 of 2022 has been filed for review of the order dated 22.12.2020 passed in Arb.Appl.No.31 of 2020.

By the aforesaid order, the arbitration application

was allowed by nominating a former Judge of this Court as the arbitrator to arbitrate on the dispute between the parties.

The review application has been filed contending that review applicant was a necessary party to the dispute, but without impleading the review petitioner as a respondent, the arbitration application was filed and subsequently disposed of.

In the hearing today, learned counsel for respondent No.3 submits that following the order passed by this Court, learned Arbitrator concluded the arbitral proceedings and passed the award dated 19.09.2022. That being the position, Court is of the view that nothing survives in the review petition for adjudication. However, if the review petitioner is aggrieved by the award so passed, he may avail the remedies as provided under the law.

Subject to the above, all the interlocutory applications are dismissed.

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