Fathima Jabeen Died And 2 Others vs M/ S. Shriram City Union Finance ...
2023 Latest Caselaw 1306 Tel

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

           CIVIL REVISION PETITION NO.735 OF 2023

ORDER:

This Civil Revision Petition is filed against the order

passed in E.P.No.17 of 2022 dated 10.01.2023 ordering the said

E.P.

2. The said E.P. was filed seeking execution of the Award

passed in ARB.No.290 of 2016 on the file of the Court of the

District Judge at Nirmal. The present Civil Revision Petition is

filed contending that, aggrieved by the said Award in

ARB.No.290 of 2016, the petitioners have already filed an

appeal under Section 34 of the Arbitration and Conciliation Act,

1996 before the competent Court and that the said O.P. was

dismissed for default and seeking restoration of the same,

I.A.No.17 of 2022 is filed in I.A.No.65 of 2021 in ARB.OP.No.202

of 2018 on the file of the Court of the VII Additional District

Judge (FTC) at Nirmal and the same is pending for

consideration. It is also stated that the first petitioner herein,

who is shown as the first respondent in E.P.No.17 of 2022, is no

more but the E.P. is filed against a dead person.

3. This Court, having considered the grounds raised in the

grounds of revision and after hearing the learned counsel for the 2 MSK,J C.R.P.NO.735 OF 2023

petitioners, is of the considered view that so long as the Award

passed in ARB.No.290 of 2016 is in force, the same is bound to

be given effect to and as such, the Executing Court rightly

allowed E.P.No.17 of 2022 and this Court does not find any

error or illegality in the order passed by the Executing Court.

4. Insofar as the objection of filing of E.P. against a dead

person is concerned, as no order is passed against the said dead

person and the first petitioner herein is also a Judgment Debtor

in ARB.No.290 of 2016, the petitioners herein are not entitled to

take advantage of the same.

5. In the circumstances, the Civil Revision Petition is

dismissed.

There shall be no order as to costs. Miscellaneous

applications, if any, pending shall stand dismissed.

_____________________________________ (MUMMINENI SUDHEER KUMAR, J)

16th March 2023 RRB