M/S Sp. Associates vs Maanasi Mullapudi
2025 Latest Caselaw 4578 Tel

Telangana High Court

M/S Sp. Associates vs Maanasi Mullapudi on 7 April, 2025

      THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
                                      AND
         THE HON'BLE JUSTICE B.R.MADHUSUDHAN RAO
          COMMERCIAL COURT APPEAL NO.10 OF 2025

Mr. Pasham Mohith, learned counsel appearing for the appellants.

Mr. Shiva Ram Sharma B, learned counsel representing Mr. P Rajagopal Reddy,
learned counsel appearing for the respondent Nos.1 to 3.

JUDGMENT:

(Per Hon'ble Justice Moushumi Bhattacharya)

1. Learned counsel appearing for the respondent Nos.1 to 3

submits that the Trial Court may be directed to dispose of the

C.O.P. filed by the appellants herein within a certain time frame,

upon the respondents being given an opportunity to present their

defense to the C.O.P.

2. We note that the appellants were granted interim protection

pending the Appeal by this Court on 05.03.2025, in the form of the

respondent No.1 being restrained from further alienating the

property/subject matter of the Arbitration in favour of their

assignees/legal-heirs and nominees.

3. Considering the fact that the C.O.P. filed by the appellants

remains with the Commercial Court and the respondents are yet to

file their counters in the said C.O.P., we deem it fit to dispose of the

Appeal by directing the Trial Court to permit the parties to file their

counters and applications, as the case may be, and to dispose of

the C.O.P. within 8 weeks from 15.04.2025.

4. None of the parties shall seek any adjournments from the

Trial Court.

5. The order passed by us on 05.03.2025 shall remain in place

till 2 weeks after the Trial Court pronounces its order in the said

C.O.P.

6. C.O.M.C.A.No.10 of 2025, along with all connected

applications, is disposed of in terms of the above.

7. We further make it clear that none of the respondents before

the Trial Court shall take any steps in terms of the subject matter

of the section 9 of The Arbitration and Conciliation Act, 1996,

proceedings to render the said proceedings infructuous.

8. The appellants shall serve the papers in the C.O.P. to the

respondents' counsel, who is present in Court today, by tomorrow,

i.e., 08.04.2025.

All connected applications are dismissed. There shall be no

order as to costs.

__________________________________ MOUSHUMI BHATTACHARYA, J

_____________________________ B.R.MADHUSUDHAN RAO, J

Date: 07.04.2025 NDS