Civil Revision Petition concerning an arbitral award obtained by the petitioner. The court observed the execution petition was dormant and disposed of the petition directing the Executing Court to proceed with merits under the amended Arbitration Act.
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The Hon’ble Sri Justice V.RAMASUBRAMANIAN and The Hon’ble Sri Justice T. AMARNATH GOUD
CIVIL REVISION PETITION No.6870 OF 2017
Date:22.01.2018
Between:
M/ s. R.K.Mining Private Limited, 1-2-49/ 15, Nizampet Road, Kukatpalli, Hyderaba, Rep.by its Managing Director Sri B. Ravi Kalyan Reddy.
… Petitioner Vs.
M/ s. Obulapuram Mining Company Limited, 123, Veeranagouda Colony, Opp:Kumara Swamy Temple, Ganesh Nagar, Bellary, Rep. by its Managing Director Sri B.V. Srinivas Reddy
... Respondent
Counsel for Petitioner : Sri V.V. Raghavan
Counsel for Respondent : None
Gist :
Head Note :
Cases Referred : Nil
2
HON’BLE SRI JUSTICE V. RAMASUBRAMANIAN
AND
HON’BLE SRI JUSTICE T. AMARNATH GOUD
CIVIL REVISION PETITION No.6870 OF 2017
ORDER: (per V. Ramasubramanian, J)
The limited grievance, with which the Award-holder has come up with the above revision petition, is that the Executing Court is not proceeding with the Execution Petition.
According to the petitioner, as on date there is no stay of the execution of the Award. Therefore, the revision petition is disposed of directing the Executing Court to proceed with the hearing of the Execution Petition on merits, in accordance with the amended Arbitration Act, after giving an opportunity to the respondent.
_____________________ V. RAMASUBRAMANIAN, J
___________________
T. AMARNATH GOUD, J
January 22, 2018 KTL
2 issues framed by the court
Whether the Executing Court should proceed with the hearing of the Execution Petition arising from the arbitral award.
Whether any stay exists on the execution of the award secured on 13.10.2015.
M/s. R.K. Mining Private Limited
M/s. Obulapuram Mining Company Limited
V. Ramasubramanian
T. Amarnath Goud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
