The high court held that a civil revision petition challenging execution proceedings based on an ex parte award is premature since the proceedings were pending and no adverse order had been passed.
Civil Revision Petition dismissed; petitioner to file counter in execution proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE Ms. JUSTICE G. ROHINI AND THE HONOURABLE SRI JUSTICE T.SUNIL CHOWDARY
CIVIL REVISION PETITION No.505 OF 2014
DATE: 18.02.2014
Between:
K.Srinivas
.. Petitioner
And
M/s. Shriram Transport Finance Co. Ltd Branch Office at Anuradha Complex Rep. by its Power of Attorney-cum-Asst. Credit Manager Mr. Komuraiah and two others .. Respondents
THE HONOURABLE Ms. JUSTICE G. ROHINI AND THE HONOURABLE SRI JUSTICE T.SUNIL CHOWDARY
CIVIL REVISION PETITION No.505 OF 2014
ORDER: (Per G. Rohini, J)
This Revision petition is directed against the order dated 22.01.2013 in E.P.No.10 of 2013 in ARB.No.301 of 2011 on the file of the Court of the District & Sessions Judge at L.B. Nagar.
The 1st respondent herein filed Arbitration Case No.301 of 2011 against the revision petitioner and the respondent No.3 herein claiming recovery of Rs.16,91,639/- allegedly due under the Loancum-Hypothecation Agreement, dated 20.12.2007. Both the respondents remained absent and thus an ex parte award came to be passed on 23.05.2012. In pursuance thereof, the respondent No.1 herein filed E.P.No.10 of 2013 for execution of the award by attachment of the immovable property of the revision petitioner/J.Dr.
No.1. The petitioner pleads that he came to know about the ex parte award only in the month of April, 2013 on receipt of the notice in the execution proceedings. Hence, this Revision Petition under Section 115 of C.P.C. contending that the execution proceedings ought not to have been entertained on the basis of an ex parte award.
Having heard the learned counsel for both the parties, it appears to us that the revision petition is premature since the execution proceedings are still pending and no adverse order as such is passed as of today.
Accordingly, the Civil Revision Petition is dismissed leaving it open to the petitioner to file a counter to E.P.No.10 of 2013 raising all the objections available under law. No costs.
Consequently the miscellaneous petitions, if any, pending in this Revision Petition shall stand closed.
____________ G.ROHINI, J
_________________________
T.SUNIL CHOWDARY, J
Date: 18.02.2014
Note: Issue CC by 24.02.2014 (b/o) MVA
1 issue framed by the court
Whether the revision petition against the village execution proceedings is maintainable when the proceedings are still pending and no adverse order has been passed.
K.Srinivas
M/s. Shriram Transport Finance Co. Ltd
G. Rohini
T. Sunil Chowdary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
