The Executive Engineer vs M/S. Smaat India Private Limited
2024 Latest Caselaw 4204 Tel

Telangana High Court

The Executive Engineer vs M/S. Smaat India Private Limited on 25 October, 2024

Author: P.Sam Koshy

Bench: P.Sam Koshy

     THE HONOURABLE SRI JUSTICE P.SAM KOSHY
                     C.R.P.No.2777 OF 2024

ORDER:

(per Hon'ble Sri Justice P.Sam Koshy)

Heard Mr. Y.Shreyas Reddy, learned counsel for the

petitioner and perused the record.

2. The present is a petition which has been filed assailing the

docket order dated 06.06.2024 passed in A.O.P (SR) No.5159 of

2024 by the learned Principal and Sessions Judge, Ranga Reddy

District, by which the trial Court has held pre-deposit of

75% of the award amount as mandatory and, therefore, the same

has to be made before the application is filed. The petition filed by

the petitioner was returned by the trial Court as there was no

pre-deposit made as is required under the statute.

3. During the course of the hearing, the learned counsel for the

petitioner has fairly brought to the notice of this Court that a

similar challenge was already made before the Hon'ble Division

Bench of this High Court in C.R.P.Nos.2745, 2774, 2775, 2780

and 2789 of 2024 and all the civil revision petitions were dismissed

vide order dated 10.09.2024 with costs.

4. Given the fact that the Division Bench of this High Court has

already in the CRPs arising out of identical orders had already

dismissed the CRPs, this Court also taking into consideration the

common order passed by the Division Bench on 10.09.2024 under

identical set of facts and also taking into consideration the

judgment of the Hon'ble Supreme Court in TIRUPATI STEELS

v. SHUBH INDUSTRIAL COMPONENT 1 does not find any

case being made out by the petitioner.

5. The civil revision petition, accordingly, stands dismissed.

The dismissal of the present CRP would not come in the way of the

petitioner approaching the trial Court for filing an appropriate

application after meeting the mandatory requirement under law so

far as pre-deposit is concerned. There shall be no order as to costs.

Consequently, miscellaneous petitions pending, if any, shall

stand closed.

__________________ P.SAM KOSHY, J

25.10.2024 Lrkm

(2022)7 SCC 429