D.Rama Dasu v. M/S Shriram City Union Finance Ltd.
IN THE HIGH COURT OF JUDICATURE AT
HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * C.R.P.No.2383 of 2015 Between:
D. Rama Dasu .. Petitioner and M/s. Shriram City Union Finance Ltd.
.. Respondent DATE OF JUDGMENT PRONOUNCED: July 23, SUBMITTED FOR APPROVAL:
THE HON'BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA
1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?
2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?
3. Whether their Ladyship/Lordship wish to Yes/No
see the fair copy of the Judgment?
THE HON'BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CIVIL REVISION PETITION No.2383 OF 2015 ORDER: (Per Hon'ble Sri Justice R. Subhash Reddy) This revision petition, under Section 115 of the Code of Civil Procedure, is filed aggrieved by the issuance of Sale Notice, dated 25.04.2015, in E.P.No.27 of 2014 in O.S.No.55 of 2013 by the Principal District Judge, Khammam, to execute the award passed by the Arbitrator under Arbitration and Conciliation Act. Heard learned counsel for the petitioner and also the learned counsel for respondent.
In view of the dispute between the parties, one Sri T. Sundara Ramaiah, resident of Himayathnagar, Hyderabad, was appointed as sole Arbitrator and he has passed the Award in favour of respondent - Company. Aggrieved by the same, petitioner has filed O.P.No.2111 of 2013 before the Chief Judge, City Civil Court, Hyderabad, and the same is pending consideration. In this revision petition, it is the grievance of the petitioner that when the O.P. filed by the petitioner is pending consideration, it is not open to the respondent to execute the Award passed by the Arbitrator and in spite of
the same, the impugned notice was issued.
The impugned notice reads as under:
"...
To: (Judgment-Debtor) D. Ramadasu S/o. Somla R/o.H.No:-1-306, Main Road, Kalluru (V & M), Khammam (D).
WHEREAS in the above mentioned ARB 55/13 the Decree-holder has applied for the sale of Schedule mentioned properties you are hereby informed that the day of 24-06-2015 has been fixed for settling the terms of proclamation of sale."
It is not in dispute that the O.P. filed by the petitioner against the Award passed by the Arbitrator is pending consideration. Hence, it is not open to the respondent to execute the Award passed by the Arbitrator.
For the aforesaid reasons, the revision petition is disposed of with a direction to the respondent not to proceed further in E.P.No.27 of 2014 till the disposal of O.P.No.2111 of 2013 pending on the file of Chief Judge, City Civil Court, Hyderabad.
Miscellaneous Petitions, if any, pending in this revision petition shall stand closed. No costs. ______________________ R. SUBHASH
REDDY, J ___________________________ A. SHANKAR NARAYANA, J July 23, 2015 MD