HONOURABLE SRI JUSTICE P.NAVEEN RAO
&
HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
CIVIL REVISION PETITION NO.217 OF 2023
Date: 13.02.2023
Between:
Mr. Mohd. Azgar Khan, s/o. late Mohd.Sartaj Khan,
Aged about 39 years, occu: Business, r/o. 405,
A-Block, NASR Apartments, New AC Guards,
Hyderabad.
..... Petitioner/
Decree Holder
and
M/s. Perfect Welded Mesh Industries,
Plot No.C23, Co.Op. Industrial Estate,
Balanagar, Hyderabad, rep.by its
Partner Mr. Mohd. Anwar Khan and
another.
.....Respondents/
Judgment Debtors The Court made the following:
PNR,J & NBK,J C.R.P.No.217 of 2023 2 HONOURABLE SRI JUSTICE P.NAVEEN RAO & HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA CIVIL REVISION PETITION NO.217 OF 2023 ORDER: (per Hon'ble Sri Justice P.Naveen Rao) Heard learned counsel Sri D.Madhava Rao for the petitioner.
2. The Arbitrator passed Award on 27.10.2014 in Arbitration Case No.1 of 2014 granting several reliefs to the claimant. The said Award has become final. Seeking enforcement of the Award, claimant filed E.P.No.87 of 2016 in the Court of I Additional Chief Judge, City Civil Court at Secunderabad. As the dispute is the commercial dispute, on establishment of the Court, E.P., was transferred to the Commercial Court, which is renumbered as C.E.P.No.11 of 2018. Contending that C.E.P.No.11 of 2018 is not disposed of so far, this Civil Revision Petition is filed praying to direct the Commercial Court for expeditious hearing and disposal of C.E.P.
3. Along with the Civil Revision Petition, docket proceedings in C.E.P.No.11 of 2018 are filed. On going through the docket proceedings on various dates, it is noticed that E.A.No.117 of 2019 is filed by the third parties and said E.A. was listed and adjourned on several occasions recording as 'pending'. According to the PNR,J & NBK,J C.R.P.No.217 of 2023 3 learned counsel, third parties, who filed E.A.No.117 of 2017, later numbered as C.E.A.No.4 of 2018, are not appearing. Even though third parties are not appearing, learned trial Court accommodating the third parties and repeatedly adjourning C.E.A.No.4 of 2018.
4. As E.P. is of the year 2016, we request the learned trial Judge to dispose of C.E.A.No.4 of 2018 and C.E.P.No.11 of 2018 as expeditiously as possible, preferably within a period of six weeks from the date of receipt of copy of this order. Civil Revision Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed.
___________________________ P.NAVEEN RAO, J ___________________________ NAGESH BHEEMAPAKA, J Date:13.02.2023 Kkm PNR,J & NBK,J C.R.P.No.217 of 2023 4 HONOURABLE SRI JUSTICE P.NAVEEN RAO & HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA CIVIL REVISION PETITION NO.217 OF 2023 Date: 13.02.2023 kkm