Marella Koteswara Rao vs M/S Shriram Transport Finance ...
2022 Latest Caselaw 8252 AP

 THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

      CIVIL MISCELLANEOUS APPEAL No.337 OF 2022

JUDGMENT:

Heard the learned counsel for the appellant. Sri Sai Sanjay

Surapaneni, learned counsel, submits that he has filed vakalat

today for respondent Nos.1 to 3.

2. The present Civil Miscellaneous Appeal is filed

against the decree and judgment dated 02.03.2022 passed in

O.S.No.186 of 2015 on the file of the Court of the IV Additional

District Judge, Guntur. The Original Suit was filed by the

plaintiff-appellant herein seeking to pass decree and judgment

against the defendants-respondents herein for cancellation of the

alleged award dated 30.10.2014 passed by the sole-Arbitrator in

AOP No.21 of 2012 on the ground that the award is illegal, void

ab initio and non-executable. By way of the judgment impugned

in this appeal, the trial Court returned the plaint to file the same

in proper Court, as the trial Court is not having pecuniary

jurisdiction. Aggrieved by the said judgment and decree, the

present Civil Miscellaneous Appeal came to be filed by the

plaintiff-appellant herein stating that the impugned judgment is

an appealable under Order 43 Rule 1 C.P.C.

3. In view of the above, the Civil Miscellaneous Appeal is

dismissed. Office is directed to return the original papers to the

appellant-plaintiff in accordance with law for filing proper

application.

As a sequel, interlocutory applications pending, if any, in

this appeal shall stand closed. There shall be no order as to

costs of the appeal.

________________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 01.11.2022 siva

THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

CIVIL MISCELLANEOUS APPEAL No.337 OF 2022

Date: 01.11.2022

siva