P. Rama Kumari, v. M/S. Shriram Transport Finance Co. Ltd.,
IN THE HIGH COURT OF JUDICATURE AT
HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * Between:
P.Rama Kumari .. Petitioner and M/s.Shriram Transport Finance Co. Ltd., Kadapa, rep. by its Authorized Signatory/Branch Manager, Kadapa City and District and another.
.. Respondents DATE OF JUDGMENT PRONOUNCED: 20.7.2015 SUBMITTED FOR APPROVAL:
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?
ORDER:- (per Hon'ble Sri Justice R.Subhash Reddy) This Civil Revision Petition is filed aggrieved by the order, dated 25.11.2014, passed in I.A.No.1325 of 2014 in A.O.P. (SR)No.5851 of 2014 by the learned Principal District Judge, Kadapa.
2. By the aforesaid order, the Civil Court has dismissed the petition filed by the petitioner herein under Section 5 of the Indian Limitation Act, 1963 (for short, "the Act") in preferring A.O.P.(SR).No.5851 of 2014 in which the petitioner has questioned the Arbitration Award, dated 21.5.2011, passed by the Sole Arbitrator at Proddatur.
3. The Civil Court has passed the impugned order mainly by relying on the judgment of the Hon'ble Supreme Court in State of Himachal Pradesh and another v. Himachal Techno Engineers and another[1] wherein it is held that if a petition is to be filed questioning the Award of the Arbitrator, the same has to be filed within the prescribed period of three months and the Court has discretion to condone the delay only to an extent of 30 days provided sufficient cause is shown. It is further held that even if sufficient cause is shown and the petition is not filed within 30 days, then, no petition can be entertained under Section 5 of the Act.
4. In the present case on hand, it is not in dispute that the petition for condonation of delay was filed after expiry of 120 days from the
date of communication of the Award. Hence, in view of the judgment of the Hon'ble Supreme Court referred to above, we do not find merit in this case. The Civil Revision Petition is devoid of merit and is liable to be dismissed.
5. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. Miscellaneous Petitions pending, if any, in this Civil Revision Petition shall stand closed. ______________________________ JUSTICE R.SUBHASH REDDY ___________________________________ JUSTICE A.SHANKAR NARAYANA Date: 20.7.2015 AMD
Dated: 20.7.2015 AMD [1] 2011 (1) ALD 16 (SC)