THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
CIVIL REVISION PETITION NO.735 OF 2023
ORDER:
This Civil Revision Petition is filed against the order passed in E.P.No.17 of 2022 dated 10.01.2023 ordering the said E.P.
2. The said E.P. was filed seeking execution of the Award passed in ARB.No.290 of 2016 on the file of the Court of the District Judge at Nirmal. The present Civil Revision Petition is filed contending that, aggrieved by the said Award in ARB.No.290 of 2016, the petitioners have already filed an appeal under Section 34 of the Arbitration and Conciliation Act, 1996 before the competent Court and that the said O.P. was dismissed for default and seeking restoration of the same, I.A.No.17 of 2022 is filed in I.A.No.65 of 2021 in ARB.OP.No.202 of 2018 on the file of the Court of the VII Additional District Judge (FTC) at Nirmal and the same is pending for consideration. It is also stated that the first petitioner herein, who is shown as the first respondent in E.P.No.17 of 2022, is no more but the E.P. is filed against a dead person.
3. This Court, having considered the grounds raised in the grounds of revision and after hearing the learned counsel for the 2 MSK,J C.R.P.NO.735 OF 2023 petitioners, is of the considered view that so long as the Award passed in ARB.No.290 of 2016 is in force, the same is bound to be given effect to and as such, the Executing Court rightly allowed E.P.No.17 of 2022 and this Court does not find any error or illegality in the order passed by the Executing Court.
4. Insofar as the objection of filing of E.P. against a dead person is concerned, as no order is passed against the said dead person and the first petitioner herein is also a Judgment Debtor in ARB.No.290 of 2016, the petitioners herein are not entitled to take advantage of the same.
5. In the circumstances, the Civil Revision Petition is dismissed.
There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand dismissed.
_____________________________________ (MUMMINENI SUDHEER KUMAR, J) 16th March 2023 RRB