P. Rami Reddy, vs M/S Shriram City Union Finance ...
2022 Latest Caselaw 1624 AP

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

               CIVIL REVISION PETITION No.235 OF 2022

                             PROCEEDING SHEET

Sl.                                                                     OFFICE
        DATE                         ORDER
No.                                                                      NOTE
04.   06.04.2022 AHSANUDDIN AMANULLAH, J
                         and
                 G. RAMAKRISHNA PRASAD, J

                  (Per Hon'ble Mr. Justice Ahsanuddin Amanullah)

                        Heard Mr. K. Ashok, learned counsel,
                 representing Ms. Bharathi Kumari Karri,
                 learned counsel for the petitioner; Mr.
                 Maheswara Rao Kuncheam, learned counsel
                 for   the    respondent    no.1     and    Mr.   K.

Srinivasa Rao, learned Assistant Government Pleader, Arbitration, appearing for the respondent no.2.

2. Let personal notice be issued to the respondents no.3 and 4.

3. The Court has been coming across numerous cases where it finds that the private financing institution has itself chosen the sole arbitrator, much after coming into effect of amendment to Section 11 of the Arbitration and Conciliation Act, 1996 where there is a bar on one party unilaterally choosing a sole arbitrator, as also after an Award being passed, selectively Execution Petitions are being filed only against one or two of the judgment debtors, and further, even in the Award, the Court despite noticing that there is no proper service of notice to the respondents, who are the judgment debtors, the Arbitration Award is passed against them

4. On a request of the Court, Mr. Maheswara Rao Kuncheam, learned

counsel, has produced a list of 17 cases, besides the present case, in which such issue is involved. However, in the list, it is indicated that 3 cases have already been settled. Thus, let the present case along with the other 13 cases (C.R.P. Nos.2174 & 3019 of 2019, C.R.P. Nos.227 & 1125 of 2020, C.R.P. No.292 of 2021 and C.R.P. Nos.123, 124, 135, 258, 402, 429, 473 & 476 of 2022) be listed on 11.04.2022 under the heading 'For Being Mentioned'.

5. In view of the position in law in terms of Section 60(1)(i) of the Code of Civil Procedure, 1908 with regard to the salary of a person being attached in terms of an Award for a maximum period of two years i.e., 24 months and, in the present case, for 27 months the deductions have been made and deposited in the Court below, learned Assistant Government Pleader submits that henceforth no further deduction shall be made from the salary of the petitioner.

6. Learned counsel for the respondent no.1 submits that, as per his instructions, the amount has not been withdrawn. However, his further stand is that if at all it has been withdrawn then the respondent no.1 is ready to refund the excess amount beyond 24 months.

________________________________ (AHSANUDDIN AMANULLAH, J)

________________________________ (G. RAMAKRISHNA PRASAD, J)

Dsh