Chanumolu Laxminarayana v. M/S. Shriram City Union Finance Ltd.,

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SMT. JUSTI CE ANI S CI VI L REVI SI ON PETI TI ON No.1815 of 2016 ORDER: (Per Hon'ble Sri Justice Sanjay Kumar) This civil revision petition under Article 227 of the Constitution arises out of the order dated 21.08.2015 passed by the learned VIII Additional District and Sessions Judge, Miryalguda, in E.P.No.28 of 2014 in Arbitration Award No.83 of 2013.

On 01.06.2016, taking note of the judgment passed by this Court in Potlabathuni Srikanth v. Shriram City Union Finance Ltd.1, interim stay as prayed for was granted.

It is now fairly stated by Sri Kuncham Maheswara Rao, learned counsel for the first respondent, that the judgment aforestated squarely applies to the case on hand and in the light of the ratio laid down by this Court therein, the execution petition could not have been maintained before the Additional District Court instead of the Principal District Court. The civil revision petition is accordingly allowed setting aside the order under revision and making it clear that the execution proceedings before the learned VIII Additional District and Sessions Judge, Miryalguda, in relation to the Arbitration Award No.83 of 2013 are not maintainable. The Court below shall take steps accordingly. Pending miscellaneous petitions, if any, shall also stand closed in the light of this final order. No order as to costs. _______________ SANJAY KUMAR, J ______________ ANI S, J 1st November, 2016 IBL 1 2016 (2) ALD 10 (DB)