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Madras High CourtCRP/3316/2023disposed of

M/S. Gokul Soft Drinks v. M/S.Candian Crystaline Water (India) Pvt Ltd,

2023-09-08Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2023

CORAM

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.R.P.No.3316 of 2023 M/s.Gokul Soft Drinks Rep.by its Managing Director, Mr.Murari Agarwal ... Petitioner

Versus

1. M/s. Candian Crystaline Water (India)Pvt Ltd., Rep by its Managing Director, No.149, Periyar EVR Lane, Off Poonamalle High Road, Kilpauk, Chennai-10.

2. The Divisional Manager, M/s. Candian Crystaline Water (India)Pvt Ltd., No.149, Periyar EVR Lane, Off Poonamalle High Road, Kilpauk, Chennai-10.

... Respondents PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India, to direct the learned XXVI Assistant Judge, City Civil Court, Chennai to dispose of the EP.No.1741 of 2017 on the file of the XXVI Assistant Judge, City Civil Court, Chennai in A.C.No.90 of 2014.

For Petitioner : Mr.P.Sidharthan ---

ORDER

This Revision has been filed seeking a direction to dispose of the EP.No.1741 of 2017 in A.C.No. 90 of 2014 pending on the file of the XXVI Assistant City Civil Court, Chennai.

2. Heard the learned counsel for the petitioner and perused the materials available on record.

3. It is seen that as per the award passed by the Arbitraral Tribunal against the Judgment Debtors by order dated 03.10.2015, the Judgment Debtors have not paid the entire award amount. Subsequently, no appeal has been filed by the Judgment Debtors. The Decree Holder preferred Arbitration Case No. 90 of 2014 for enhancement of the award. Pursuant to the same, the Decree Holder filed E.P.No. 126 of 2016 before the District and Sessions Court, Bagalkot, Karnataka, and it was dismissed on 29.09.2016 by directing the Decree Holder to file the execution

proceedings against the Judgment Debtors who are residing at Chennai.

4. Today, when the matter was taken up for hearing, the learned counsel for the revision petitioner submitted that as per the direction by the Arbitraral Tribunal, the petitioner/Decree Holder filed EP.No. 1741 of 2017 in AC.No. 90 of 2014 before the IX Assistant City Civil Court now transferred to XXVI Assistant City Civil Curt, Chennai, against the Judgment Debtors and the same is pending for more than six years without any payment. Hence, the petitioner is entitled for award amount nearly about Rs.1 Crore by virtue of Award. While that being the case, the respondents/Judgment Debtors are making all efforts to prolong the case by frequently changing the address, which has also caused much delay. Therefore, the learned counsel seeks a direction to dispose of the EP.No. 1741 of 2017 pending on the file of XXVI Assistant City Civil Court, Chennai.

5. Considering the above facts and circumstances of the case and the submission made by the learned counsel for the revision petitioner, this Court is inclined to pass the following order:-

"The trial Court is directed to dispose of the EP.No 1741 of 2017 pending on the file of XXVI Assistant Judge, City Civil Court, Chennai, as expeditiously as possible in accordance with law".

6. The Civil Revision Petition is disposed of with the above direction. However, there shall be no order as to costs. 08.09.2023 Index : Yes/No Speaking Order : Yes/No VV To The XXVI Assistant City Civil Court, Chennai.

V.BHAVANI SUBBAROYAN, J.

VV 08.09.2023