Telangana High Court
Ras Ai Khaimah Investment Authority vs Mr. Nimmagadda Prasad on 26 September, 2025
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
AND
THE HON'BLE JUSTICE GADI PRAVEEN KUMAR
CIVIL REVISION PETITION NO.3531 OF 2025
Sri K.Vivek Reddy, learned Senior Counsel representing Mr.Vamshi Krishna, learned counsel
appearing for the petitioner.
JUDGMENT:
(Per Hon'ble Justice Moushumi Bhattacharya)
1. The Civil Revision Petitioner is a Decree Holder since 2022.
2. A judgment and decree dated 02.02.2022 was passed by the
Ras Al Khaimah Court of First Instance, Civil Plenary Circuit in
Civil Case No.60 of 2020 filed by the petitioner/Decree Holder for
recovery of money of about Rs.600 Crores including interests.
3. Learned Senior Counsel appearing for the petitioner seeks to
invoke the supervisory jurisdiction of this Court under Article 226
of the Constitution of India and urges that it is necessary for
appropriate directions to be issued to the learned Principal Special
Court in the Cadre of District Judge for Trial and Disposal of
Commercial Disputes at Hyderabad (Commercial Court) to expedite
the Commercial Execution Petition No.19 of 2023 which was filed
by the petitioner in the year 2023.
4. Learned Senior Counsel has taken the Court through the
relevant orders.
5. We have seen the series of docket orders/status of the
proceedings pending before the learned Executing Court. A docket
order dated 18.06.2025 records that although the
petitioner/Decree Holder explained the urgency of the proceedings
in the Execution Petition, learned Executing Court expressed its
difficulty in doing so, since matters were already Reserved for
Orders from January to June, 2025. The docket order dated
21.08.2025 makes Execution Petition returnable on 26.09.2025,
which is today. Learned Senior Counsel informs the Court that the
matter was passed over today.
6. We have considered the relevant paragraphs of a recent
Supreme Court Judgment delivered on 06.03.2025 in Periyammal
(Dead) through LRs. & Ors. v. V.Rajamani & Another 1 where the
Supreme Court reiterated the observations in Rahul S. Shah v.
Jinendra Kumar Gandhi and Ors. 2, in terms of the mandate on the
Executing Courts to dispose of the execution proceedings within
six (06) months from the date of filing which may be extended by
the Court only upon recording reasons for doing so. We have also
seen the Circular issued by this Court on 06.05.2025 in
R.O.C.No.3436/OP Cell/2025 to the District Judiciary in terms of
the directions contained in Periyammal's case (supra) for disposing
of Execution Petitions, within a stipulated time.
7. Since the Execution Petition filed by the petitioner/Decree
Holder is pending for almost two years, we deem it necessary to
dispose of the present CRP by directing the learned Commercial
(2025) SCC OnLine SC 507
2 (2021) 6 SCC 418
Court at Hyderabad to dispose of the pending Execution Petition
(CEP No.19 of 2023) in terms of the judgment and directions
passed in the Periyammal's case (supra).
8. We also deem it fit to hold that in the event the learned
Commercial Court is unable to dispose of the CEP within a
reasonable period of time, the learned Special Judge for Trial and
Disposal of Commercial Disputes at Ranga Reddy may dispose of
C.E.P.No.19 of 2023 filed by the petitioner herein within a
reasonable period of time expediting the Execution Petition. We
may reiterate the view taken by the Supreme Court in Sundaram
Finance Limited v. Abdul Samad and Another 3, where it was held
that Execution Petitions can be filed anywhere in the country
where the decree can be executed. The principle laid down in
Sundaram Finance (supra ) is also applicable to Execution Petitions
filed pursuant to a decree obtained by a foreign party.
9. As part of supervisory jurisdiction, we also direct the learned
Commercial Court at Ranga Reddy to dispose of the pending
Execution Petitions since learned Senior Counsel submits that the
Judgment Debtor also has assets in Hyderabad/Ranga Reddy
District.
3 (2018) 3 Supreme Court Cases 622
10. Needless to say, the concerned Commercial Court shall
expedite the proceedings by conducting day to day hearing, if
possible.
11. CRP No.3531 of 2025, along with all connected
applications, is accordingly disposed of in terms of the above.
There shall be no order as to costs.
__________________________________
MOUSHUMI BHATTACHARYA, J
_____________________________
GADI PRAVEEN KUMAR, J
DATE: 26.09.2025
Note: Issue C.C. today.
(B/o.)
EDS
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
AND
THE HON'BLE JUSTICE GADI PRAVEEN KUMAR
CIVIL REVISION PETITION NO.3531 OF 2025
DATE:26.09.2025
EDS
