The High Court disposed of a civil revision challenging the dismissal of an application under Section 8 of the Arbitration and Conciliation Act, 1996. Permitting withdrawal upon undertaking to avail arbitration remedies.
Permitting the respondents to withdraw the suit filed against the petitioners.
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.
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
THE HON’BLE SRI JUSTICE V.RAMASUBRAMANIAN
and
THE HON’BLE SRI JUSTICE T. AMARNATH GOUD
Civil Revision Petition No.4903 of 2017
Between:
M/s. SREI Equipment Finance Ltd., Plot No.Y-10, Block E.P. Sector-V, Salt Lake City, Kolkata and 2 others
… Petitioners Vs.
M/s. Anil Transport, represented by its Proprietor, Anil Kumar Hari, S/o Ramachandraiah, aged 45 years, Occ: Business, R/o 5-9-92/A-1, Kodandaram Residency, Kishnapura, Warangal.
.. Respondent For Appellant : Mr. Pavan Kumar Aditya For Respondents : Mr. B. Jithender
VRS, J & TA, J
2
C.R.P.No.4903 of 2017
HON’BLE SRI JUSTICE V. RAMASUBRAMANIAN
AND
HON’BLE SRI JUSTICE T. AMARNATH GOUD Civil Revision Petition No.4903 of 2017
ORDER: (V. Ramasubramanian, J)
Challenging the dismissal of the application under Section 8 of the Arbitration and Conciliation Act, 1996, the defendants in the suit have come up with the above revision.
“I respectfully submit that after knowing about the stay granted by this Hon’ble High Court, I approached the office of the petitioners company and conveyed my intention to surrender the above mentioned vehicles as I am unable to reay the loan and further handed over the said vehicles to settle the loan amount by selling them to third parties. Further, in view of stay granted by this Hon’ble Court I am unable to withdraw O.S.No.473 of 2016 on the file of Hon’ble II Junior Civil Judge at Warangal filed against the petitioners and I will ensure to withdraw the suit filed by me against the petitioners.”
remedies available in terms of the agreement between the parties.
As a sequel thereto, miscellaneous petitions, if any, pending
shall stand closed.
________________________ V. RAMASUBRAMANIAN, J
_____________________ T. AMARNATH GOUD, J
Date: 25-01-2018
Ksn
1 issue framed by the court
Whether to permit the respondent to withdraw the suit filed under the arbitration agreement.
1 provisions across 1 enactments
M/s. SREI Equipment Finance Ltd. and 2 others
M/s. Anil Transport
V. Ramasubramanian
T. Amarnath Goud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
