M/S. Gokul Jal vs M/S. Candian Crystaline Water ...
2023 Latest Caselaw 12239 Mad

                                                                                  CRP.No. 3308 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      Dated : 11.09.2023

                                                          CORAM :

                     THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

                                                     CRP.No. 3308 of 2023

                  M/s. Gokul Jal
                  Represented by its Managing Partner
                  Murari Agarwal
                                                                                      ... Petitioner

                                                            Versus

                  1.M/s. Candian Crystaline Water (India) Pvt., Ltd.
                  Represented by its Director

                  2.Divisional Manager
                  M/s. Candian Crystaline Water (India) Pvt., Ltd.
                                                                                   ... Respondents



                             Civil Revision Petition filed under Article 227 of the Constitution of
                  India, prays to direct the XXVI Assistant Judge, City Civil Court, Chennai to
                  dispose of the EP.No 792 of 2017 on the file of XXVI Assistant Judge, City
                  Civil Court, Chennai in AC.No. 92 of 2014 on the file of Sole Arbitrator,
                  Karnataka.


                                    For petitioner      : Mr.P. Sidharthan
                                                          ----



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                                                                                  CRP.No. 3308 of 2023



                                                       ORDER

This Civil Revision Petition has been filed seeking a direction to the

XXVI Assistant Judge, City Civil Court, Chennai, to dispose of the EP.No

792 of 2017 in A.C.No. 92 of 2014 on the file of Sole Arbitrator, Karnataka.

2. Heard the learned counsel for the petitioner and perused the

materials available on record.

3. It is seen that as per the award passed by the Arbitraral Tribunal

aginst the Judgment Debtors by order dated 30.03.2015, the Judgment

Debtors have not paid the entire award amount. Subsequently, no appeal has

been filed by the Judgment Debtors. The Decree Holder preferred

Arbitration Case No. 1 of 2015 for enhancement of the award. Pursuant to

the same, the Decree Holder filed E.P.No. 123 of 2016 before the District and

Sessions Court, Bagalkot, Karnataka, and it was dismissed on 29.09.2016 by

directing the Decree Holder to file the execution proceedings against the

Judgment Debtors who are residing at Chennai.

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4. Today, when the matter was taken up for hearing, the learned

counsel for the revision petitioner submitted that as per the direction by the

Arbitraral Tribunal, the petitioner/Decree Holder filed EP.No. 792 of 2017 in

AC.No. 92 of 2014 before the XXVI Assistant City Civil Court, Chennai,

against the Judgment Debtors and the same is pending for more than six

years without any payment. Hence, the petitioner is entitled for award

amount nearly about 1 Crore by virtue of Award. While that being the case,

the respondents/Judgment Debtors are making all efforts to prolong the case

by frequently changing the address, which has also caused much delay.

Therefore, the learned counsel seeks a direction to dispose of the EP.No. 792

of 2017 pending on the file of XXVI Assistant City Civil Court, Chennai.

5. Considering the above facts and circumstances of the case and the

submission made by the learned counsel for the revision petitioner, this Court

is inclined to pass the following order:-

“The trial Court to dispose of the EP.No 792 of 2017

pending on the file of XXVI Assistant Judge, City Civil

Court, Chennai, as expeditiously as possible in accordance

with law”.

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6. The Civil Revision Petition is disposed of with the above direction.

However, there shall be no order as to costs.

11.09.2023 Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No msm To

1. The XXVI Assistant Judge, City Civil Court, Chennai.

2. The Section Officer, High Court, Madras.

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V.BHAVANI SUBBAROYAN, J.

msm

CRP.No. 3308 of 2023

11.09.2023

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