High Court for State of TelanganaCRP/6376/2018dismissed

Ch Lakshmi Naryana v. M/S.Configuer Consultants(India)

2018-11-01V Ramasubramanian,J. Uma Devi3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND HON'BLE MS. JUSTICE J. UMA DEVI Civil Revision Petition No.6376 of 2018 Date: 01-11-2018 Between:

Ch. Lakshmi Narayana, S/o Veeraiah, aged 42 years, Occ: Business, R/o Flat No.202, Royal Comforts, Masab Tank, Hyderabad.

... Petitioner And M/s. Configuer Consultants (India), Private Ltd., represented by its Managing Director Mr. Venkat Ikkurty and 2 others ... Respondents ! Counsel for the Petitioner : Mr. D.V. Ramana Sarma ^ Counsel for 1st Respondent : None Appeared

VRS, J & JUD, J C.R.P.No.6376 of 2018 HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND HON'BLE MS. JUSTICE J. UMA DEVI Civil Revision Petition No.6376 of 2018 ORDER: (per V. Ramasubramanian,J) Contending that the Arbitration Original Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 was neither numbered nor returned from 2014 and that in the meantime the Executing Court is proceeding with the execution proceedings, the petitioner has come up with the above writ revision.

2. Heard the learned counsel for the petitioner.

3. It appears from the papers that the arbitration award was passed on 30-09-2011. Admittedly, the petition under Section 34 of the Act was filed on 15-03-2014 in Arb.SR.No.1732 of 2014.

4. According to the petitioner, the papers were returned with some objections and they were later re-presented. It is the grievance of the petitioner that the papers are not traceable.

5. The proper remedy for the petitioner in such cases is to file a complaint before the Chief Judge, City Civil Court, Hyderabad, for tracing out the bundle or in the alternative for reconstruction.

6. Therefore, the Civil Revision Petition is dismissed. It will be open to the petitioner to give a complaint to the Chief Judge, City Civil Court, Hyderabad either for tracing the bundle or for reconstruction of the same and upon the representation being made, the Chief Judge may take appropriate action. There shall be no order as to costs.

VRS, J & JUD, J C.R.P.No.6376 of 2018 As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

________________________ V. RAMASUBRAMANIAN, J _____________ J. UMA DEVI, J Date: 01-11-2018 Ksn