High Court for State of TelanganaCRP/2906/2015disposed of no costs

M/S Ellarve Metals, A Partnership Firm, v. M/S. Sree Venkata Sai Constructions,

2015-07-24Ramesh Ranganathan2 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ***** Civil Revision Petition No.2906 of 2015 Between:

1.M/s.Ellarve Metals, a partnership firm rep. by its Managing Partner Sri K.S.Ramakrishnan & Anr.

.... Petitioners Vs.

M/s.Sree Venkta Sai Constructions, rep. by its Prop: Mr.K.VV Satyanarayana & Anr.

.... Respondents DATE OF JUDGMENT PRONOUNCED: 24.07.2015.

SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN Whether Reporters of Local newspapers may be allowed to see the Judgments?

Yes/No Whether the copies of judgment may be marked to Law Reports/Journals Yes/No Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

Yes/No THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN Civil Revision Petition No.2906 of 2015 ORDER:

This revision, under Article 227 of the Constitution of India, is preferred against the order passed by the 1st Additional District Judge, Visakhapatnam in I.A.No.370 of 2015 in O.S.No.379 of 2015 dated 12.06.2015.

Sri R.Raghunandan, Learned Senior Counsel appearing on

behalf of the petitioners (defendants in the Suit), would submit that as the amounts due to the petitioners from Visakhapatnam Urban Development Authority (for short "VUDA") have been attached, they are facing imminent threat of their contract with VUDA being terminated; and though a counter was filed in the I.A on 03.07.2015, the Court below has not decided the I.A for the past more than three weeks.

It would be wholly inappropriate for this Court to fix a time frame within which the Court below should decide the I.A, more so as the I.A. relates to the year 2015.

However both Sri R.Raghunandan, Learned Senior Counsel appearing on behalf of the petitioners and Sri V.L.N.G.K.Murthy, Learned Counsel for the respondents, would agree that, as the order of the Court below is an ex parte order of attachment before judgment, it is but appropriate that the I.A. be decided, with utmost expedition, within 15 days from today.

As learned counsel on either side are in agreement that the I.A. necessitates early disposal, and as the order is an ex parte order of attachment before judgment, the Court below is requested to decide the I.A. with utmost expedition, preferably within two weeks from the date of receipt of a copy of this order. The Civil Revision Petition is, accordingly, disposed of. The Miscellaneous Petitions, if any pending, shall also stand disposed of. No costs.

______________________________ (RAMESH RANGANATHAN, J) Date:24.07.2015.