The Secretary And The Chief Executive Officer v. Sri R. Nityanand

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN And THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY Civil Revision Petition No.1235 of 2015 ORDER: (per Hon'ble Sri Justice Ramesh Ranganathan) This civil revision petition is preferred against the order of ad interim injunction passed by the XI Additional Chief Judge, City Civil Court, Hyderabad in I.A.No.262 of 2014 in Arbitration O.P.No.804 of 2014 dated 25.04.2014.

Sri M.Chalapati Rao, learned counsel for the petitioners would submit that, despite a petition being filed seeking vacation of the ex parte interim order, the Court below has not passed any orders thereon for the past more than eight months. Learned counsel would place reliance on Gulf Oil Corporation Limited vs. Singareni Collieries Company Limited in support of his submission that no interim order can be passed in an application filed under Section 9 of the Arbitration and Conciliation Act.

It is wholly unnecessary for us to examine the contentions urged before us on merits, as Sri Manu, learned counsel for the respondents, would fairly state that, instead of an adjudication on merits, the Court below may be directed to dispose of I.A.No.352 of 2014 within a specified time frame. Sri M.Chalapati Rao, learned counsel for the petitioners, would request this Court to direct the Court below to dispose of the I.A. within two (2) weeks. As a petition to vacate the ex parte order of ad interim injunction was filed as early as in June 2014, more than eight months ago, ends of justice would be met, if the Court below is requested to dispose of I.A.No.352 of 2014 with utmost expedition and, in any event, before 30.04.2015.

The civil revision petition is disposed of accordingly. Miscellaneous petitions pending, if any, shall also stand disposed of. There shall be no order as to costs.

______________________________ RAMESH RANGANATHAN, J

__________________________________ M.SATYANARAYANA MURTHY, J 1st April 2015.

JSU THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN And THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

Civil Revision Petition No.1235 of 2015 Date: 01.04.2015 JSU