Dismissed

Srr Hospitalities Pvt. Ltd., v. G.S. Rama Rao

Telangana HC22 Aug 2014CRP/2648/2014

Case brief

AI extract

What is this about?

This court dismissed a civil revision petition challenging the District Judge's order returning a Section 34 petition to a proper forum due to lack of jurisdiction, finding no cause of action arose in Ongole. The decision affirms the lower court's view on forum competence.

What did the court decide?

The Civil Revision Petition is dismissed; no order as to costs; pending miscellaneous petition closed.

Srr Hospitalities Pvt. Ltd., Vs G.S. Rama Rao — Arbitration | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE K.C. BHANU AND THE HON’BLE MRS JUSTICE ANIS

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CIVIL REVISION PETITION No.2648 OF 2014

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

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The Civil Revision Petition is directed against the Order, dated 13.06.2014 in un-numbered A.O.P.No.….. of 2014 (CFR No.1580, dated 04.04.2014), passed by the District Judge, Prakasam at Ongole, whereunder and whereby the petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, ‘the Act’) was returned for presentation before proper Court on the point of jurisdiction.

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2. The aforementioned petition was filed to set aside the award, dated 10.08.2013, in A.O.P.No.33 of 2013 passed by the sole Arbitrator Sri G.S. Ramarao, Advocate and Notary, Guntur.

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3. Heard.

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4. The cause of action mentioned in the petition filed under Section 34 of the Act reads as follows:

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“The cause of action arose for the petition when the 2^nd respondent company framed rules and regulations for providing consumer loans/personal loans and repayment of loan amount by the petitioners 1 and 2 by way of monthly instalments inclusive of interest every month on due date and when the petitioners 1 and 2 approached the 2^nd respondent company at its Guntur-1 Branch, Guntur District for Rs.43,07,358/- and when on 13-09-2010 the 1^st petitioner entered into loan agreement with the 2^nd respondent company agreeing to repay the amount with interest in 36 equal monthly instalments at Rs.1,95,028/- per month and when on that

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day the 1^st petitioner has also executed a pronote in favour of 2^nd respondent promising to pay the said amount with 21% p.a. and when the 1^st petitioner and she has offered the schedule mentioned property and deposited her title deed No.1666, dt.09.02.2010 with the claimant and executed a memorandum evidencing deposit of the said title deed with claimant and got the said memorandum of registered on 27.08.2010 under D.No.13154 and there was no conces for such agreement and when as usual 2^nd respondent employee are collecting the dues and when in such manner the petitioners had paid about Rs.29,00,000/- without knowledge of arbitration proceedings and more than that one month back this in or about 8^th February 2014 the 2^nd respondent employees informed that the matter was referred to arbitration and the same was awarded by the arbitrator and when the petitioners requested to send a copy of arbitral award and when immediately the 1^st petitioner request the 1^st respondent to furnish a copy of arbitral award passed by him through a register letter through his counsel on 10-02-2014 and when the 2^nd respondent wilfully suppressed the said fact of having been passed an award in his favour and collected about Rs.29,00,000/- illegally and when the award passed by the 2^nd respondent is illegal without following due procedure and the schedule property is situated at Ongole is within the jurisdiction of this Hon’ble Court”.

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As seen from the averments in the petition, no part of cause of action arose at Ongole. Therefore, the learned District Judge rightly returned the petition for presentation before proper Court and that order needs no interference by this Court and the revision petition is liable to be dismissed.

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5. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. Miscellaneous Petition, if any, pending in this revision shall stand closed.

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JUSTICE K.C. BHANU

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___________ JUSTICE ANIS

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Date:22.08.2014 INL

Srr Hospitalities Pvt. Ltd., v. G.S. Rama Rao

Case brief

What is this about?

What did the court decide?

Srr Hospitalities Pvt. Ltd., v. G.S. Rama Rao

Case brief

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What did the court decide?

What the court decided

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