M/S. Lavanya Chit Fund Private. Limited, v. Billa Viswanadham

THE HON'BLE SRI JUSTICE S.V.BHATT C.R.P. No.6234 of 2018 ORDER:

Heard Mr.K.V.Bhanu Prasad, counsel for the revision petitioner.

What is impugned in the CRP is an order rejecting EP (SR) No.5703 of 2018, for according to the counsel, the Executing Court has heard D.Hr, and passed the order on 26.09.2018. Therefore, having left with no option, the present Civil Revision Petition is filed.

I have perused the record.

The Court is required to look at the expression used in the written endorsement but not the oral submission of the revision petitioner/D.Hr. The written endorsement if is untenable, the D.Hr has remedy of re-presenting the same with reasons of fact and grounds in law. Thereafter, the Executing Court is under obligation to consider each one of the replies and passes an order.

Keeping in view the above observations, this Court is of the view that the petitioner/D.Hr can be given liberty to represent EP(SR).No.5703 of 2018 by enclosing a copy of this order within three (03) weeks from today.

This Court has no reason to doubt that Executing Court will consider the reply of D.Hr and pass orders in accordance with law.

Registry is directed to return the original papers in EP (SR) No.5703 of 2018 within three days from today. Accordingly, the Civil Revision Petition is closed as indicated above. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed.

________________ S. V. BHATT, J Dt: 26.10.2018 Note:

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