Banka Mohan Rao, vs M/S. Shriram Transport Finance ...
2021 Latest Caselaw 1165 AP

      THE HONOURABLE SRI JUSTICE U. DURGA PRASAD RAO
                           AND
           THE HONOURABLE MS. JUSTICE J.UMA DEVI

               CIVIL REVISION PETITION No.150 OF 2021

ORDER: (Per the Hon'ble Sri Justice U. Durga Prasad Rao)

      This revision petition is filed against the proceedings dated

22.01.2020 in E.P.No.194 of 2020 in Arbitration Case No.36 of 2019, on

the file of the XV Additional District and Sessions Judge, Nuzvid.


      The first respondent herein obtained the award in Arbitration Case

No.36 of 2019 before the Arbitrational Tribunal for an amount of

Rs.25,17,443/- with interest at 12% per annum against the present

petitioner and the respondents 2 and 3. Thereafter, he filed the

E.P.No.194 of 2020 before the learned Principal District Judge, Krishna

at Machilipatnam for execution of the Arbitration Award. He sought for

attachment of the E.P schedule mentioned property of the petitioner/1st

judgment debtor and for sale of the same and for realisation of the E.P.

amount. The E.P was numbered and it is in the process of execution.

Admittedly, so far no order of attachment or issuing of sale notice was

done by the Execution Court. Curiously, the present C.R.P is filed

against the proceedings in E.P.No.194 of 2020 in Arbitration Case No.36

of 2019. Since a revisable order is yet to be passed by the Execution

Court, we enquired the learned counsel for the petitioner about the

maintainability of the C.R.P. His submission is that earlier an award in

Arbitration Case No.568 of 2013 was passed by another Arbitrator Sri

D.V. Ramana Murty and before it was executed on a bond paper, he

expired and thereafter the present Arbitrator had taken up the matter

and passed the award afresh in Arbitration Case No.36 of 2019 which is

legally unsustainable. Consequently, the present E.P.No.194 of 2020 is

also not maintainable and hence the C.R.P is filed. We are unable to

countenance the above arguments of the learned counsel for the

petitioner to sustain the C.R.P. If it is his case that the second award is

nonest in the eye of law, he has to challenge the same before the proper

Forum in a proper form. Mere challenging the E.P that too when no

order has been passed, by way of C.R.P is procedurally not correct.

Therefore, the C.R.P is dismissed giving liberty to the petitioner to

pursue his remedy, in accordance with law. No order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand

closed.

_____________________________ U. DURGA PRASAD RAO, J

_______________ J.UMA DEVI, J Date:25.02.2021.

Gk

THE HONOURABLE SRI JUSTICE U. DURGA PRASAD RAO AND THE HONOURABLE MS. JUSTICE J.UMA DEVI

CIVIL REVISION PETITION No.150 OF 2021

Date:25.02.2021

Gk