M/S. Shriram City Union Finance Ltd., v. Bandikalla Surendra Babu

THE HON'BLE SRI JUSTICE R.SUBHASH REDDY AND THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA CIVIL REVISION PETITION No.2950 OF 2015 ORDER:- (per Hon'ble Sri Justice R.Subhash Reddy) This Civil Revision Petition is filed by the petitioner/decree holder aggrieved by the order, dated 06.02.2015, passed in E.P.No.54 of 2014 in A.R.C.No.1017 of 2013 by the learned Senior Civil Judge, Chirala.

2. The aforementioned E.P. was filed to execute the Award dated 23.09.2013, in Arbitration Case No.1017 of 2013 passed by the Sole Arbitrator, Nellore under the Arbitration and Conciliation Act, 1996 (for short, "the Act"). Vide impugned order, the Civil Court has dismissed the petition filed by the petitioner/decree holder under Order XXI Rule 48 of the Code of Civil Procedure, 1908 for attachment of salaries of respondent Nos.3 and 4/judgment debtor Nos.3 and 4 for realization of amount under the execution petition.

3. This Court, vide common order, dated 01.10.2015, in C.R.P.No.1340 of 2015 and Batch, has held that the Courts of Senior Civil Judges have no jurisdiction to entertain the Execution Petitions filed under Section 36 of the Act.

4. For the aforesaid reason, this Civil Revision Petition cannot be entertained.

5. Accordingly, the Civil Revision Petition is dismissed granting liberty to the petitioner to file an Execution Petition before the appropriate District Court and the same shall be considered on its own merits independently. There shall be no order

as to costs.

6. Miscellaneous Petitions pending, if any, in this Civil Revision Petition shall stand closed.

______________________________ JUSTICE R.SUBHASH REDDY ___________________________________ JUSTICE A.SHANKAR NARAYANA Date: 07.10.2015 AMD THE HON'BLE SRI JUSTICE R.SUBHASH REDDY AND THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA

CIVIL REVISION PETITION No.2950 OF 2015

Dated: 07.10.2015 AMD