M/S National Buildings Const. Corp. Ltd., New Delhi And Other v. M/S Allam Subbarayudu And Co. Hyd And Another
[ 339e ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THURSDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY .
AND THE HONOURABLE SRI JUSTICE SAMBASIVARAO NAIDU CIVIL MISCELLANEOUS APPEAL NO: 911 OF 2006 Appeal Under Section 37 of Arbitration and Concilation Act 1996 against the Common Order dated 26-06-2006 made in O.P.No 2049 of 2005 on the file of the lll Additional Chief Judge, city Civil Court, Hyderabad. Between:
1. M/s National Buildings Construction Corporatron Limited, NBCC Bhavan, Lodhi Road New Delhi, Rep. by its Chairman and Managing Director Chairman
2. Project Manager, M/s National Buildings Construction Corporation Ltd., Gayatri Enclave, Savarkar Nagar, Hyderabad ...APPELLANTS AND '1. M/s Allam Subbarayudu, Rep. by its Nranaging Partner Sri A. Subbarayudu, Yousufguda Check Post, Hyderabad
2. Sri Justice l. Venkatanarayana. Former Judge. High Court of A.P. Sudhamma, road No. 10, Banjara Hills, Hyderabad ...RESPONDENTS Counsel for the Appellants : M/s J. Seshagiri Rao & K. Sai Kumar Counsel for Respondent No. 1 : Sri V. Prasad Rao The Court delivered the following JUDGMENT
THE HONOURABLE SRI WSTICE P.SAM KOSHY AND THE HON'BLE JUSTICE SAMBASIVA RAO NAIDU CIVIL MISCELLANEOUS APPEAL No.911 of 20O6 JUDGMENT:/per Hon'ble Sri Justbe P.SAM KOS,HY) Heard Mr.J.Seshagiri Rao, learned counsel for the appellant.
2." The present is a Civil Miscellaneous Appeal which has been liled assailing the order dated 26.06.20O6, passed in1 L O.P.No.2O49 of 2005, by the III Additional Chief Judge, City Civil Court, Hyderabad.
3.
Today, when the matter is taken up for hearing, learned counsel for the appellant submits that the matter is getting adjourned for the service of notice to the respondents. He further submits that inspite of best efforts the service of notice could not be made out, in the absence of known address of the respondent.
4.
Considering the fact that the appeal is of the year 2O06 and it is pending since 18 years, we are of the considered opinion that no fruitful purpose would be served keeping the appeal pending any further. Accordingly, we dispose of the
PSK,J & SSRN'J C.M.A.NO.911 of 2006 present appeal reserving the respondent of the parties to move appropriate application to revive the same' in case' if there is anY grievance Pending'
As a sequel, miscellaneous petitions pending' if any' shall stand closed. No order as to costs'
Sd/- B.S. CHIRANJEEVI JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, '1. The lll Additional Chief Judge, City Civil Court, Hyderabad. (with records)
2. One CC to M/s J. Seshagiri Rao, Advocate [OPUC]
3. One CC to Sri C. Sai Kumar, Advocate [OPUC]
4. One CC to Sri V. prasad Rao, Advocate tOpUCl
5. Two CO Copies(
HIGH COURT DATED: 1810712024
JUDGMENT
CMA.No.911 of 2006 DISPOSING OF THE CMA PA Aftril>r -1C{t}r-'\