M/S.City Corp Finance India Ltd. v. U.Sreekanth

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * THE HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND THE HON'BLE SMT.JUSTICE KONGARA VIJAYA LAKSHMI + CIVIL REVISION PETITION No.3695 OF 2018 % Date: 02.07.2018 Between:

# M/ s.City Corp Finance India Ltd., 3, LSC, Pushpa Bihar, New Delhi and others ... Petitioners Vs.

$ U.Sreekanth S/ o.Venkatanarayana, R/ o.Kadapa .. Respondents ! For Petitioners : M/ s.N.Naveen Kumar ^ For Respondents : None < Gist :

> Head Note :

? Cases Referred :

HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI CIVIL REVISION PETITION No.3695 OF 2018 ORDER: (per V. Ramasubramanian, J) The main grievance of the petitioner is that despite further proceedings in the suit having been stayed by this Court in CRP No.2491 of 2009, the trial Court decided to proceed further with the hearing of the suit, on the basis of a circular issued on the administrative side.

2. Though the grievance is justified, the remedy does not lie in multiplying proceedings. The appropriate course of action open to the petitioner is to move a miscellaneous petition in the pending CRP itself, since the pending CRP arises out of dismissal of an application under Section 8 of the Arbitration and Conciliation Act, 1996.

3. Hence, with the liberty to the petitioners to move the miscellaneous petition in the CRP, this revision petition is dismissed.

4. As a sequel thereto, miscellaneous petitions, if any pending, shall stand dismissed. No order as to costs. _____________________ V. RAMASUBRAMANIAN, J ________________________ KONGARA VIJAYA LAKSHMI, J July 02, 2018 KTL