B.Krishna Rao vs Gandapuram Rathibanda Surya Raj
2022 Latest Caselaw 2549 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA

AND THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI COMCA.No.10 of 2022 JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)

The present appeal is arising out of Order dated 29.04.2022,

passed by the learned Judge, Principal Special Court in the Cadre of

District Judge for Trial and Disposal of Commercial Disputes at

Hyderabad, in C.O.P.No.31 of 2022.

The facts of the case reveal that an application was preferred

by the present appellant under Section 9(1)(ii)(e) of the Arbitration

and Conciliation Act, 1996, for grant of interim protection. The

learned Judge has issued notices to the other side and has observed

that in the interest of justice, an order can be passed after hearing

both the sides. The matter is fixed for hearing on 09.08.2022 before

the court below.

Learned counsel for the appellant has argued before this

Court that the learned Judge has already made up his mind while

passing order dated 29.04.2022.

This Court has carefully gone through the order passed by

the court below and is of the opinion that the court below has not ::2::

decided anything while passing the aforesaid order and the fact

remains that notices have been issued to the other side. However,

it is made clear that while passing order on the application under

Section 9 of the Act, the learned Judge shall not be influenced by

the observations made by him and shall be free to proceed ahead in

accordance with law after hearing both the parties.

This Court does not find any reason to interfere with the

order passed by the court below.

The appeal is, accordingly, dismissed. No costs.

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

dismissed.

______________________________ SATISH CHANDRA SHARMA, CJ

______________________________ ABHINAND KUMAR SHAVILI, J Date: 09-06-2022 LUR