V.Srinivasa Rao, v. M/S.Shriram City Union Finance Ltd.,

HON'BLE SRI JUSTICE R.SUBHASH REDDY AND HON'BLE SRI JUSTICE A.SHANKAR NARAYANA CIVIL REVISION PETITION No.5559 of 2015 ORDER : (per Hon'ble Sri Justice R.Subhash Reddy) This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioner/judgment debtor, aggrieved by the warrant of attachment order dated 15.04.2015 in E.P.No.4 of 2015 in A.R.C.No.54 of 2013 passed by the II Additional District Judge, Visakhapatnam District.

2.

Heard Sri K.V. Subrahmanya Narusu, learned counsel for the petitioner/judgment debtor, as well as Sri Maheswara Rao Kunchem, learned counsel for the 1st respondent/decree holder.

3. The aforesaid Execution Petition was filed by the 1st respondent/decree holder to enforce the Award dated 15.03.2014 in A.R.C.No.54 of 2013 passed by the Arbitral Tribunal, Hyderabad. Challenging the said Award, the petitioner along with respondent Nos.3 to 5 has filed O.P.No.2183 of 2014 on the file of X Additional Chief Judge, City Civil Court, Hyderabad. In view of the fact that the said Award is the subject matter of challenge in O.P.No.2183 of 2014, the 1st respondent/decree holder is estopped from enforcing the Award dated 15.03.2014 passed by the Arbitral Tribunal.

4. For the aforesaid reasons, this Civil Revision Petition is allowed setting aside the impugned order dated 15.04.2015 in E.P.No.4 of 2015 in A.R.C.No.54 of 2013. As a sequel, miscellaneous petitions pending, if any, in this revision shall stand closed. No order as to costs.

____________________________ JUSTICE R. SUBHASH REDDY ________________________________ JUSTICE A.SHANKAR NARAYANA 18.01.2016.

Msr HON'BLE SRI JUSTICE R.SUBHASH REDDY AND HON'BLE SRI JUSTICE A.SHANKAR NARAYANA CIVIL REVISION PETITION No.5559 of 2015

18.01.2016 Msr