The High Court disposed of a civil revision petition without adjudication on merits as the amounts in dispute had already been remitted to the petitioner by the respondent.
The civil revision petition is closed and pending miscellaneous petitions are also closed without adjudication on merits.
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 HON’BLE SRI JUSTI CE SANJAY KUMAR AND THE HON’BLE SRI JUSTI CE M.GANGA RAO
CI VI L REVI SI ON PETI TI ON No.5555 OF 2018
ORDER : (per Hon’ble Sri Justice Sanjay Kumar)
This civil revision petition under Article 227 of the Constitution arises out of the order dated 03.08.2018 passed by the learned Judge, Commercial Court-cum-XXIV Additional Chief Judge, City Civil Court, Hyderabad, in C.M.A.No.2 of 2018. The said appeal was filed by the first respondent herein, the first respondent in the arbitral proceedings, aggrieved by the order dated 09.05.2018 passed by the arbitral Tribunal in I.A.No.1 of 2018 in A.A.No.59 of 2013. By the said order dated 09.05.2018, the arbitral Tribunal restrained the Superintending Engineer, TDWSP Circle, Rural Water Supply and Sanitation Department, Government of Telangana, Hyderabad, the second respondent herein, from paying the amounts due and payable by it to the first respondent herein. By the order under revision, the appellate Court allowed the appeal and set aside the said order dated 09.05.2018. The I.A. was remitted to the Tribunal for consideration afresh on merits after filing of a counter by the other side. Aggrieved by this order, the claimant in the arbitral proceedings filed this revision petition.
However, Sri J.Prabhakar, learned counsel for the petitionerclaimant, would inform this Court that the amounts due and payable by the second respondent have already been remitted to the first respondent.
Sri B.Vijaysen Reddy, learned counsel appearing for the first respondent, would also confirm this.
2
In that view of the matter, no adjudication is called for on merits in the present civil revision petition. All issues are left open to be addressed by both parties in the I.A. which has been remitted to the arbitral Tribunal
for consideration afresh on merits.
The civil revision petition is accordingly closed.
Pending miscellaneous petitions, if any, shall also stand closed. No
order as to costs.
_________________
SANJAY KUMAR,J
_________________
M. GANGA RAO, J
Date: 10.10.2018
IBL
1 issue framed by the court
Whether adjudication on merits of the civil revision petition was required given the amounts had already been paid.
1 provisions across 1 enactments
First respondent (claimant in arbitral proceedings)
First respondent
Second respondent
Sanjay Kumar
M. Ganga Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
