Sampath Rao Sudhakar vs Emirates International Airlanes
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           HONOURABLE SRI JUSTICE P. NAVEEN RAO

       HON'BLE SRI JUSTICE SAMBASIVARAO NAIDU

                   C.R.P. No. 3897 of 2018

                      Date : 21.04.2022

Between:
                                               Petitioner

                                And
                                             Respondents

The Court made the following:

HONOURABLE SRI JUSTICE P. NAVEEN RAO

HON'BLE SRI JUSTICE SAMBASIVARAO NAIDU

C.R.P. No. 3897 of 2018

ORDER: (Per Hon'ble Sri Justice P Naveen Rao)

This Court on 4.4.2022 after elaborately hearing the arguments

of learned senior counsel Sri Vedula Venkataramana appearing for

petitioner and Sri C.V.Narasimham learned counsel for respondent

reserved the matter for judgment.

2. Later, on 18.4.2022, learned counsel for respondent filed

memo enclosing copy of the interim order passed by High Court of

Andhra Pradesh at Amaravati in ICOM O.A. No. 2 of 2019 staying all

further proceedings in E.P. No. 39 of 2018 on the file of the Court of V

Additional District Judge, Rangareddy District at L.B.Nagar,

Hyderabad.

3. In view of the above, today the matter is listed under the

caption 'for further hearing'.

4. It is seen from the interim order in ICOM OA No. 2 of

2019 and submissions made by counsel before this Court that against

award passed by the Arbitrator, ICOM O A No. 2 of 2019 was filed

before the High Court of Andhra Pradesh at Amaravati, wherein

interim order was passed staying all further proceedings in E P No. 39

of 2018.

5. Two aspects are noticed. Firstly, this revision is preferred

against the order of Court of V Additional District Judge, Rangareddy

District at L.B.Nagar, Hyderabad, dismissing EP No. 39 of 2018 in ARC No. 1 of 2017. Secondly, much later, ICOM O A No. 2 of 2019

was preferred against the award passed by the Arbitrator before the

High Court of Andhra Pradesh at Amaravathi. Thus, by the time

ICOM O A No. 2 of 2019 was filed, E P No. 39 of 2018 was not

pending. However, the fact of dismissal of E P No. 39 of 2018 on

1.5.2018 was not brought to the notice of the High Court of Andhra

Pradesh while seeking interim order to stay all further proceedings in

E P No. 39 of 2018. This clearly shows lack of bonafides in

prosecuting the litigation.

6. Be that as it may, since ICOM O A No. 2 of 2019 has

already been preferred and matter is ceased by the High Court of

Andhra Pradesh, we are not inclined to continue the proceedings in

this Civil Revision Petition.

7. Civil Revision Petition is accordingly disposed of, leaving it

open to the petitioner to avail appropriate remedy as warranted by law

as and when High Court of Andhra Pradesh clarifies on the interim

order granted in ICOM O A No. 2 of 2019 or when ICOM O A No. 2 of

2019 is decided finally. Miscellaneous applications, if any pending

stand closed.

__________________ P NAVEEN RAO,J

__________________________ SAMBASIVARAO NAIDU,J

DATE: 21.04.2022 TVK HONOURABLE SRI JUSTICE P. NAVEEN RAO

HON'BLE SRI JUSTICE SAMBASIVARAO NAIDU

C.R.P. No. 3897 of 2018

Date : 21.04.2022