High Court for State of TelanganaCRP/915/2016allowed no costs

N.Vijayalaxman v. M/S Shriram Chits Pvt. Limited

2016-03-21B.Siva Sankara Rao,Nooty Ramamohana Rao2 pages

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO AND THE HON'BLE DR. JUSTICE B. SIVA SANKARA RAO CIVIL REVISION PETITION No. 915 OF 2016 O R D E R : (per Hon'ble Sri Justice Nooty Ramamohana Rao) Learned counsel for the 1st respondent M/s Shriram Chits Private Limited has drawn our attention to a common order dated 09.03.2016 passed in C.R.P. Nos. 567 of 2016, 5679 and 5522 of 2015 and 1144 and 1138 of 2014, wherein while noticing the judgment rendered earlier by another Division Bench on 13.04.2015, we went on to note as under:

" While, we consider that there should be consistency in orders to be passed by this Court in identical fact situation, but however, we find that the petitioner should have been directed to deposit at least 25% of the award amount with the Deputy Registrar who can permit the same to be withdrawn by the respondent without furnishing any security and which withdrawal will abide by the result in the arbitration proceedings. Therefore, we add the said condition. We grant four weeks time from today for making the deposit of 25% of the awarded amount before the Deputy Registrar. We also direct that the petitioners in this revisions that they shall appear before the Deputy Registrar on 20.04.

2016 either in person or through an authorized advocate and it shall be open to the Deputy Registrar to pass the award after hearing both sides on the same day afresh or pass an award on any other subsequent date, however, within maximum period of three months from the date reckoned from 20.04.2016." Let the same order be followed even in this case. The petitioner shall appear before the Deputy Registrar on 20.04.2016 either in person or through an authorized advocate and it shall be open to the Deputy Registrar to pass the Award after hearing both sides on the same day afresh or on any other subsequent date, however, within a maximum period of three months from the date reckoned from 20.04.2016.

The order of attachment consequently, stands set aside and the Civil Revision Petition is accordingly allowed. No costs. Consequently, the miscellaneous applications, if any shall stand disposed of.

----------------------------------------- NOOTY RAMAMOHANA RAO, J ---------------------------------------- DR. B. SIVA SANKARA RAO, J 21st March 2016 ksld