Smt.Posini Bramaramba, v. M/S.Shriram Transport Finance Co Ltd,

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CIVIL REVISION PETITION No.1718 of 2016 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) This revision under Section 115 C.P.C. arises out of the order dated 05.10.2015 passed by the learned Senior Civil Judge, Peddapuram, in E.P.No.19 of 2013 in A.A.No.1044 of 2011. In the light of the law laid down by a Division Bench of this Court in POTLABATHUNI SRIKANTH V. SHRIRAM CITY UNION FINANCE LIMITED[1], execution proceedings in relation to arbitration awards would be maintainable only before the District Court and not any other Court.

In that view of the matter, the learned Senior Civil Judge, Peddapuram, had no jurisdiction to entertain the execution proceedings, much less pass an order therein. The order dated 05.10.2015 is set aside on this short ground. The civil revision petition is accordingly allowed. This order shall however not preclude the respondents from initiating proceedings afresh in accordance with law before the appropriate forum.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. __________________ SANJAY KUMAR, J ___________________________ Dr. B. SIVA SANKARA RAO, J Date:20.06.2016 PGS/GJ

[1] 2015 (6) ALT 629