Dismissed

M/s Descon Associates v. Hdfc Bank Ltd.

Telangana HC1 Aug 2014CRP/2207/2014

Case brief

AI extract

What is this about?

In this civil revision petition, the judgment debtor challenged an order allowing attachment of movable property in arbitration proceedings before the Debts Recovery Tribunal. The Supreme Court dismissed the plea, holding that the arbitral award was final and executable before the competent Civil Court under the Arbitration and Conciliation Act.

What did the court decide?

The Civil Revision Petition is dismissed.

M/s Descon Associates Vs Hdfc Bank Ltd. — Execution and Attachment | Telangana HC (2014)

¶1

THE HON'BLE SRI JUSTICE K.C.BHANU AND

¶2

THE HON’BLE MRS JUSTICE ANIS

¶3

CIVIL REVISION PETITION No.2207 OF 2014

¶4

ORDER:- (per Hon’ble Sri Justice K.C.Bhanu)

¶5

This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908 (for short, ‘C.P.C.’) is filed aggrieved by the order, dated 21.04.2014, in E.P.No.19 of 2012 in Arbitration Case No.29 of 2010 on the file of the III Additional Chief Judge, City Civil Court, Hyderabad, whereunder and whereby application filed under Order XXI Rule 43 C.P.C. to attach E.P. schedule property by selling the same and adjust the sale proceeds to the E.P. proceedings, was allowed attaching the schedule movables.

¶6

2. Learned counsel for the petitioner herein/Judgment debtor contended that the Executing Court has no pecuniary jurisdiction to entertain the Execution Petition, since the amount due to the respondent-Bank is more than Rs.10,00,000/-, the proceedings have to be taken before the Debts Recovery Tribunal and hence, he prays to admit the Civil Revision Petition.

¶7

3. Arbitration case was decreed on 06.08.2011. As no appeal has been filed, it has become final in view of Section 35 of the Arbitration and Conciliation Act, 1996 (for short, ‘the Act’). Under Section 36 of the Act, where the time for making an application to set aside the Award passed under Section 36 of the Act, has expired, or such application having been made, it has been refused, the Award shall be enforced under the Code of Criminal Procedure in the same manner, as it if were a decree of the Court. Therefore, it can be executable before the competent Civil Court. Therefore, we do not find any reason

¶8

to interfere with the impugned order.

¶9

4. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, shall stand closed.

¶10

_____________________ JUSTICE K.C.BHANU

¶11

______________ JUSTICE ANIS AUGUST 01, 2014 YVL

¶12

THE HON'BLE SRI JUSTICE K.C.BHANU AND

¶13

THE HON’BLE MRS JUSTICE ANIS

¶14

CIVIL REVISION PETITION No.2207 OF 2014

¶15

Date: 01.08.2014

¶16

YVL

M/s Descon Associates v. Hdfc Bank Ltd.

Case brief

What is this about?

What did the court decide?

M/s Descon Associates v. Hdfc Bank Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Chairman, Isro and Secretary, Department of Space Vs Isro Retired Employees Forum (Iref)

Smt.Kavitha Madhavareddygari Vs Sri Ravinder Reddy Mamidi Alias Anil Mani

M/s.Glk Granites Vs The Government of Andhra Pradesh, Rep.by its secretary

Smt. Hanumakonda Nirmala, Vs Union of India

Samudrala Ilaiah, Vs The Director (Personnel)

Mohd. Mahmood, Vs The Director (Personnel)