Aitha Rajya Laxmi v. M/S Shriram City Union Limited

THE HON'BLE SRI JUSTICE K.C. BHANU AND THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI CIVIL MISCELLANEOUS APPEAL No.907 OF 2014 JUDGMENT:(per Hon'ble Sri Justice K.C.Bhanu) This Civil Miscellaneous Appeal is filed to set aside the Order, dated 29.03.2013 in A.O.P.No.892 of 2010 passed by the Principal District Judge at Khammam.

2. Order of the trial Court reads as follows: "14. By virtue of my above discussion and findings in point No.1, this application is Allowed restraining the Garnishee i.e., Manager, Shriram chits, Warangal-I branch, Pochamma Maidan, Warangal not to disburse the amounts of Mr.Aitha Aravind if, in his custody to the Respondent No.1 or to any other person for a period of 90 days.

In the meanwhile, the petitioner is directed to get Arbitration proceedings adjudicated.

This order is subject to adjudication of Arbitrator and in arriving and fixing the liability of Respondent No.1 and the nature of amount."

3. Heard both sides.

4. The period of 90 days granted by the Court below has been expired. No material is filed to show that as on today that period has not been extended. Therefore, cause in this appeal does not survive for consideration. Further, it is brought to the notice of this Court that the award proceedings have also been concluded and the award has been passed.

5. Accordingly, the Civil Miscellaneous Appeal is dismissed as infructuous. There shall be no order as to costs. Miscellaneous

Petitions, if any, pending in this appeal shall stand closed. _______________________ JUSTICE K.C. BHANU __________________________ JUSTICE M.SEETHARAMA MURTI Date:29.01.2015 INL