M/S. Kancharla Constructions Private Ltd, And 3 Others v. Mrs. Khatija Begum And Another

HON'BLE SRI JUSTICE P. NAVEEN RAO HON'BLE SRI JUSTICE J. SREENIVAS RAO CIVIL REVISION PETITION Nos. 266, 268 and 269 of 2020 COMMON ORDER: (Per Hon'ble Sri Justice P Naveen Rao) Heard Sri Vedula Srinivas learned senior counsel appearing for petitioners and Sri Sharad Shangi learned counsel for respondents. 2.

These revisions are preferred against separate docket orders passed on 23.1.2020 in A.O.P Nos. 21, 23 and 22 of 2019 respectively, by the XXV Chief Judge, City Civil Court, Hyderabad adjourning the matter to 18.1.2020 and extending the ad-interim injunction till 18.2.2020.

3.

It is seen from the order under revision that on 23.1.2020 trial Court was informed that arbitral proceedings are concluded. Though, trial Court noticed the said fact, it has extended the interim orders till 18.2.2020.

4.

This Court having taken note of the fact that Arbitral Tribunal held that it has no jurisdiction to adjudicate the disputes between the parties in its award dt 20.1.2020 and that applications filed under Section 9 of the Arbitration and Conciliation Act, 1996 to grant relief only pending such arbitration, granted interim suspension as prayed for.

5.

When the matter is taken up, Court is informed that against order of the Arbitral Tribunal, appeals were preferred and the

same were disposed of by XXV Additional Chief Judge, City Civil Court, Hyderabad holding that the interse dispute is arbitrable and directed the Arbitrator to decide the dispute. It is therefore submitted that the reason assigned while granting interim order by this Court, is no more available.

6.

We are not entering into the said controversy. Admittedly, Section 9 applications are pending. We therefore, request the XXV Additional Chief Judge, City Civil Court, Hyderabad to decide the Section 9 applications expeditiously, preferably within a period of six weeks from the date of receipt of copy of this order. Further, till the decision is made by the XXV Additional Chief Judge, City Civil Court, Hyderabad on Section 9 applications, parties are directed to maintain status quo existing as on today.

7.

Accordingly, the revision petitions are disposed of. No costs. Miscellaneous applications, if any pending stand closed. __________________ P NAVEEN RAO,J _____________________ J. SREENIVAS RAO,J DATE: 15.11.2022 TVK

HON'BLE SRI JUSTICE P. NAVEEN RAO HON'BLE SRI JUSTICE J. SREENIVAS RAO CIVIL REVISION PETITION Nos. 266, 268 and 269 of 2020 Date : 15.11.2022